ORIGIN  AND  HISTORY 


Ol- 


MANGES 


i» 


NEW  YORK 


AND  THK 


COUNTY  OF  WESTCHESI^ER. 


49GG1 


ORIGIN    AND    HISTORY 


OK 


MANORS 


IN   THE 


PROVINCE    OF    NEW    YORK 


AND    IN   THK 


COUNTY  OF   WESTCHESTER 


BY 


EDWARD    FLOYD   DE   I.A^CEY 


'.'*•';••  ••'.. 


'      •  •  ft 


i»«r- 


••     • 


•. •        •. 


NEW    YORK: 


.'     : •  •'.    •«.  ••  •  • 


PREFATORY  NOTE. 


Tins  volume  is  a  separatoly-printod  chapter  contributed  to  "Scliaris 
History  of  Westchester  County.  New  York."  Its  subject,  therefore,  has  been 
treated  with  reference  to  its  being  but  a  part  of  that  large  and  hand.sonie  work, 
and  not  as  fully  in  every  respect  as  it  really  merits,  or  as  the  writer  would 
desire.  It  is  sufficient,  however,  to  give  a  general  idea  of  a  matter  of  histor> 
of  which  very  little  is  known  in  America. 


%^ 


I  "* 


CONTENTS. 


PARTS; 

PAOK 

1.  The  Indian  Owners  op  New  Netueklani)  anu  Westch?:steb 31 

2.  How  THE  Indian  Title  vested  successively  in  the  Dutch  West  India  Company,  the  British  Crown, 

AND  the  Independent  State  op  New  York 35 

3.  The  Dutch  in  New  Netherland '. 37 

4.  The  Colonization  by  the  West  India  Comi-any 42 

5.  The  Nature  of  the  Dutch  System  of  Government  and  Law  established  in  New  Netherland,  and 

OF  the  Patroonships 57 

fi.    The  Patroonship  op  Colen  Donck fi6 

7.    The  Capture  of  New  Netherland  from  the  Dutch,  and  the  euectiox  of  the  English  Province  of 

New  York 73 

.S.    The  English  System  under  the  Duke  of  York  as  Lord  Proprietor ■ 78 

'^.    The  Manors  in  New  York,  what  they  were  not,  and  what  they  were 85 

10.  The  Franchise:*,  Privileges  and  Incidents  of   Manors  in  the  Provinck  of   New  York,  and  in  the 

County  of  Westchester,  and  the  Parishes  in  the  IjAtteb 90 

11.  The  Church  of  England   Parochial  Organization  in  Westchester  County,  and   its   Relations  to 

THE  Manors 99 

12.  The  Manors  and  the  County  in  their  Mutual  Relations,  and  the  Origin  and  Formation  of  the 

Latter 108 

13.  The  Manor  of  Cortlandt,  its  Origin,  Special   Franchises,  Division,  First   Lord  and   His  Family, 

Particular  History  and  Topography 115 

14.  The  Manor  of  Scarsdale,  its  Origin,  Local   History,  Adjoining   Patents,  its   First  Lord  and  His 

Family,  Division,  and  Topography 141 


M 


^J.  'K 


C'  ■Mi!''- 


.,•■!• 


THE 


ORIGIN  AND  HISTORY  OF  MANORS 


IN 


NEW   YORK 


AND    IJST   THE    COUNTY    OF    WESTCHESTER. 


1. 

The  Indian  Owners  of  We»tcherier. 

The  Europeans  who,  it  is  certain,  first  beheld  any 
part  of  what  is  now  the  County  of  Westchester,  were 
Henry  Hudson,  and  his  mixed  crew  of  Hollanders 
and  Englishmen.  They  sailed  uj)  the  great  "  River 
of  the  Mountains"  in  the  yacht  Half-Moon  of  Am- 
sterdam, flying  the  orange,  white  and  blue  flag  of  the 
United  Provinces,  on  the  thirteenth  and  fourteenth 
days  of  September,  1C09.' 

They  were  the  earliest  civilized  men  to  gaze  enrap- 
tured on  the  beautiful  land  of  Westchester.  They  saw 
before  all  others,  her  lofty  hills,  rich  valleys,  and 
deep  magnificent  forests,  glowing  in  the  transparent 
air  and  warm  sun  of  Autumn  beneath  the  bright  blue 
sky  of  America.- 

They  sailed  up  the  river  as  far  as  the  site  of  Albany 
and  then  slowly  returned.  On  the  second  of  October, 
they  anchored  at  the  historic  inlet  of  Spyt-den-Duy- 
vel,  their  progress  being  checked  by  a  strong  flood 
tide.  Here,  they  first  met  the  tawny,  well  formed, 
brown  eyed,  people,  clad  in  skins  and  adorned  with 
feathers,  who  then  ruled  over  Westchester;  and  most 
unhappily  as  enemies.  The  cause  was  this.  While 
still  in  the  lower  bay  the  Half-Moon,  on  the  9th  of 


<  Jnet'B  Juiirnul  of  Hudnin't  Voyage,  I.  N.  Y.  Hint.  Hoc.  Coll.  Second 
Series,  S'i.'i.  The«o  coluni  were  lho««  of  Willlnm  I ,  Prince  of  Orange— 
Nnnmii.  The  orange  bar  was  changed  to  mi  after  the  death  of  William 
II.  in  Ifl.W.  As  thns  altered  the  Hag  ol  Holland  conlluiies  to  this  day. 
de  Jonge,  cited  in  I.  Hrodliead,  B'i.'i  n. 

*  That  any  earlier  navigator  sailcii  up  the  Hutisvu,  as  has  lately  been 
atloged,  Is,  as  yet,  without  siiRlclent  proof. 


September,  was  threatened  by  some  canoes  full  ol' 
savages.  Hudson  therefore  detained  two  Indians  as 
hostages,  "  putting  red  coats  on  them."  Six  days 
later,  when  she  had  got  into  the  Highlands,  the  two 
Indians  escaped  through  a  poH  and  swam  ashore. 
When  she  stopped  at  Spyt-den-Duy  vel  on  her  return, 
one  of  the  escaped  Indians,  and  others,  in  a  canoe, 
with  some  more  canoes  of  Indians,  tried  to  board  her. 
Being  repelled,  they  made  an'  attack  with  bows  and 
arrows,  supported  by  about  a  hundred  more  Indians 
on  shore.  The  fire-arms  of  the  crew  drove  them  off" 
with  a  loss  of  nine  or  ten  killed.^ 

Such  was  the  unfortunate  beginning  of  the  inter- 
course of  white  men  with  the  Indians  of  Westchester. 
These  Indians,  as  well  as  all  the  others  with  whom 
Hudson  came  in  contact,  belonged  to  a  great  aborigi- 
nal nation,  or  stock,  termed  the  Lenni-Lenape.  This 
was  the  name  of  that  great  confederacy  of  Indian 
tribes,  which,  as  Heckewelder  states,  extended  from 
the  mouth  of  the  Potomac  iiortheastwardly  to  the 
shores  of  Massachusetts  IJay,  and  the  mountains  of 
New  Hampshire  and  Vermont,  and  westwardly  to  the 
Alleghi'.nies  and  the  C'attskills,*  and  were  afterwards 
known  as  the  Uelawares.  Beyond  the  Lenni-Lenape, 
still  further  to  the  northeast,  and  extending  to  the 
Gulf  of  St.  Lawrence,  and  up  the  magnificent  river  of 
that  name  to  the  Great  Lakes,  was  a  second  great  na- 
tionality or  confederacy  of  Indian  tribes,  that  of  the 
Hurons  or  Adirondacks,  sometimes  called  the  Algon- 
(juins.     The  term  "Algonkin"  or  "Algonquin"  is 


9  Juet's  Journal,  I.  N.  Y.  Hist.  Sac.  Coll.,  Second  gerles,  324,  3U,  330. 
4  Uoultou's  UlFt.  N.  Y.,  9r<  and  220. 


HISTORY  OF  WESTCHESTER  COUNTY. 


used,  however,  by  many  writers  to  describe  all  the 
aborigines  east  of  the  Mississippi  and  south  of  the 
St.  Lawrence,  from  the  singular  and  very  striking 
fact,  that  but  one  language  was  spoken  throughout 
this  entire  region  which  was  styled  the  "  Algonquin  '' 
or  "  Algonkiu."  All  the  Indians  within  these  limits 
understood  each  other.  There  were  only  compara- 
tively slight  local  variations.  They  required  no  in- 
terpreters, except  to  communicate  with  white  men. 
West  and  northwest  of  the  Leniii-Lenape,  extend- 


A   SUSlirEHAXNA    Oil    DEI.AWAlti;  CHIKF. 

(From  Hnilth'a  "  History  of  Virjilnlu.") 

ing  from  the  western  slopes  of  the  Cattskills  and  the 
Helderbergs  south  of  the  Mohawk,  and  north  of  it, 
from  the  banks  of  the  upper  Hudson  and  the  waters 
of  Champlain  to  the  shores  of  Lake  Erie,  and  thence 
through  the  region  south  of  that  lake  to  the  Missis- 
sippi, was  the  dominion  of  the  third,  and,  perhaps,  the 
most  famous  of  the  three  great  nationalities  or  races 
of  confederated  Indians,  the  Five  (and  later  Six),  Na- 
tions or  Iroquois,  and  their  affiliated  tribes. 

These  were  the  three  great  stocks  of  aborigines,  who 
were  in  possession  of  North  America  from  the  Poto- 


mac and  Ohio  on  the  south,  to  Canada  on  the  north, 
and  from  the  Atlantic  Ocean  on  the  east,  to  the  Fath- 
er of  Waters  on  the  west,  at  the  time  of  Hudson's 
discovery  of  the  great  bay  of  New  York  and  the  mag- 
nificent river  which  bears  his  name. 

Each  of  these  three  confederacies  embraceil  numer- 
ous distinct  tribes,  sub-tribes,  and  smaller  tribal  di- 
visions, or  cantons,  and  chieftaincies,  all  having  sep- 
arate names,  but  united  more  or  less  closely  by  the 
bond  of  a  common  origin.  Each  tribe,  or  sub-tribe, 
possessed  its  own  locality  and  specific  region  as  its 
own  property,  which  was  never  lost,  except  by  volun- 
tary migration  or  by  conquest. 

There  also  existed  a  distinguishing  characteristic 
of  a  different  nature  in  all  these  great  Indian  confed- 
erations. This  was  the  clan  or  fand'y  distinction. 
Each  confederaty  was  divided  into  tribes,  families,  or 
clans,  designated  by  the  name  of  some  living  creature, 
which  they  called  their  totem,  or  badge,  the  represen- 
tation of  which  was  painted  upon  their  persons  and 
upon  their  lodges.  This  tie,  as  members  of  the  same 
confederacy,  or  even  of  the  same  totemic  family,  was 
not  of  itself  sufficient  to  prevent  them  warring  with 
each  other  in  all  ca-ses.  Like  more  civilized  people 
they  took  up  the  hatchet  against  a  tribe  of  the  same 
stock,  if  occasion  arose,  as  freely  as  against  an  enemy 
of  another  race.  Conflicting  claims  to  lauds,  dis- 
puted boundaries,  and  the  rivalries  of  neighborhoods, 
not  unfrequently  gave  rise  to  enmities  and  wars. 
Thus  in  1609,  the  tribes  on  the  western  side  of  the  bay 
of  New  York  and  the  lower  Hudson,  and  those  on  the 
eastern  side,  were  bitter  enemies,'  although  all  were 
tribes  and  sub-tribes  of  the  Lenni-Lenape  or  Dela- 
ware stock. 

Among  the  Lenni-Lenape  there  were  but  three 
clans  or  families,  designated  from  their  totems  or 
badges,  as  the  Unamis,  or  Turtle  (or  Tortoise)  clan, 
the  Unalachtgo  or  Turkey,  and  the  Minsi  or  Wolf, 
clans,'  to  one,  or  the  other  of  which,  belonged  every 
tribe  or  minor  sub-division  of  the  Delaware  stock. 
'  The  tribes  east  of  the  Hudson,  and  all  the  sea  coast 
tribes  on  both  sides  of  Long  Island  Sound  belonged 
to  the  Turkey  clan,  the  tribes  between  the  Hudson 
and  the  Alleghanies  to  the  Minsi  (sometimes  termed 
Moncey)  or  Wolf  clan,  and  those  on  the  Lower  Dela- 
ware, Lower  Suscjuehanna,  and  Potomac  to  that  of  the 
Turtle  (or  Tortoise)  clan. 

The  first  writer  on  New  Nethcrland,  was  Johan 
(John)  de  Laet,  a  learned  num,  a  native  of  Antwerp, 
but  a  resident  of  the  city  of  Leyden.  He  wrote  iu 
1(>22,  and  first  published  in  1625,  sixteen  years  only 
afler  the  discovery,  through  the  Elzevirs  at  Leyden 
a  "History  of  the  New  World,"  which  contains  the 
first  historical  account  of  what  is  now  New  York. 
He  was  a  director  of  the  Dutch  West  India  Company, 
subsequently  one  of  the  first  patroons  of  New  Nether- 

1  Da  Uet'j  New  World,  I.  N.  Y.  HIrt.  8ocli!ty'«  Coll..  2il  SariM,  2»T. 
«  RtiUenlier'i  Hist.  lUver  Indians,  47.     Moulton  !II»t.,  N.  V.,  :I6. 


THE  ORIGIN  AND   HISTORY   OF  THE   MANORS. 


33 


land,  and  a  personal  friend  of  Hudson,  whose  private 
journal,  as  he  tells  us,  he  had  before  him  when  he 
wrote  and  from  which,  the  extracts  in  his  pages,  are 
all  that  exist  of  Hudson's  own  account  of  his  great 
discovery.  At  that  time,  dc  Laet  says,  the  Indians 
on  the  west  side  of  the  Bay  and  River  were  called 
" Sankhicanni"  or  Sanhicans,  and  those  on  the  east, 
"  Mahicanni,"  or  Maliicans,  Mohicans,  or  Mohegans" 
the  latter  being  Connecticut  spelling  of  the  word' 
The  Dutch  termed  them  "  Miihiknnder/i,"  and  the 
natives  on  both  sides  of  the  Hudson  collectively,  the 
"  River  Indians."  The  Dutch  word,  however  in  gen- 
eral use,  when  speaking  or  writing  of  them 
was, "  the  Wilden,"  literally  the  wild  men, 
or  the  savages. 

The  Long  Island  Indians  the  Dutch 
called  Matouwacks.  They  were  Mohicans 
and  were  divided  into  twelve  or  thirteen 
sub-tribes  or  chieftaincies.  All  bore  differ- 
ent names  and  possessed  distinct,  and 
dill'erent,  localities.  The  ruling  tribe  were 
the  Montauks  who  jjossessed  the  eastern 
extremity  of  the  island.  They  owed  their 
supremacy  to  the  abundance  of  clams  in 
their  waters,  from  the  shells  of  which  they 
made  the  seawnnt  or  Indian  money.  This 
great  abundance  of  the  clam-shells  ena- 
bled them  to  supply  the  Indians  of  all 
tribes  westward  almost  to  the  great  lakes 
with  seuwant,  and  thus  Montauk  became 
the  seat  of  financial  j)ower,  not  only  of 
Long  Island,  but  of  a  region  larger  even 
than  the  Dutch  Province  of  New  Nether- 
land. 

All  the  natives  of  the  main  between  tlie 
Hudson  and  the  Connecticut,  from  the 
Sound  on  the  south  to  the  Green,  and  the 
White,  mountains  on  the  north,  were 
Mohicans,  and  their  great  council  lire  was 
established  on  the  Ihid.son,  in  the  present 
town  of  Grcenbush,  nearly  op|)ositc  Al- 
bany. The  name  of  the  Hudson  was 
"  Muhknnuitnck"  or  Itiver  of  the  Maliic- 
ans; just  a.s  the  Delaware  was  called  liy 
them  "Lenape-vlii-ki-tiick,"  or  the  rapid 
river  of  the  Lcnape;  on  the  right  bank  of 
which,  near  where  Pliiladeli)liia  was  afterward  built, 
was  the  |)bice  of  the  Great  Council  Fire  of  the 
Lenni-Leim|)e  confederacy.' 

The  InKpiois  name  of  the  Hudson,  according  to 
John  R.  BIcccker,  tiie  old  Indian  interpreter  and  sur- 
veyor of  the  middle  and  latter  part  of  the  last  centurv, 
was  "Caiiotatca."'  .Judge  Egbert  Henson  in  his 
"Memoir"  says,  on  the  authority  of  a  Palatine  set- 
tler on  Livingston  manor,  that  the  Hudson  wati  also 
called  "Shatemuc"  by  the  Indian.^  of  that  locality." 

>  MutiUiin.  M  niiil:ir>. 

■'  I.  N.  Y.  Ilisl.  ('till.,  2,  :t. 

•'  MeiiKiir,  N.  V.  lll«t.  Sue.  Coll.,  II.  Bi'iios,  vol.  2,  p.  SS. 


The  Indians  of  Weslv-hester  County  were  therefore 
Mahicans,  or  Mohicans,  as  it  is  easier  to  call  them, 
of  the  Turkey  tribe  or  clan  of  the  Lenni-Lenape,  or 
Delawar.,  stock  of  North  American  aborigines.  They 
were  divided  into  several  sub-tribes,  cantons,  or 
chieftaincies,  each  ruled  by  a  Sacchiina,  as  the  Dutch 
called  the  title,  or  Sagamore,  or  Sachem,  and  owning 
its  own  specific  location. 

Upon  the  island  of  .Niw  York,  and  in  Westchester 
west  of  the  Bronx,  and  as  far  north  as  Yonkers,  were 
seated  the  Manahatas,  as  dt  Laet  calls  them,  or  the 
Manhattans ;  those  of  them  in  Westchester  were  also 


DKL.VWAIii:   INDIAN    I'A.MII.Y. 

(From  Citinpanfus'  ''New  .SwtnUii).") 

termed  the  Reckewacks,  or  Reckgawawancks,  their 
territory,  Keskeskick,  and  their  chief  village,  Nap- 
peckamak,  was  situated  on  the  Nepperhaein,  now 
Neperan,  or  Sawmill  river,  where  it  flows  into  the 
Hudson,  the  site  of  the  present  city  of  Yonkers.*  The 
next  tribe  were  the  Wickijuaeskecks,  or  Wickcjuaes- 
gecks,  or  Wickerschreecks,  so  called  from  their 
village  of  that  name  which  De  Vries,  writing  in  1640, 
thus  describes, — "  Opposite  Tappacn  ia  a  place  called 
Wickquaesgeck.  This  land  is  also  fit  for  corn,  but 
too  stony  and  sandy.    We  got  there  good  masts.    The 

*  Kut "  iihor,  78.     II.  Col.  Hist.  N.  Y.,  2nil  Soiifs,  5. 


31 


HISTORY  OF  WE^TCHKSTER  COUNTY. 


land  18  mountainous."  This  "  place  "  was  the  site  if 
the  present  village  of  Dobbs  Ferry.  A  few  mil^s 
further  up  the  Hudson  was  another  town  of  the  same 
tribe  called  Alipconck,  or  place  of  Elms,  now  Tarr  '- 
town.  This  tribe  seems  to  have  held  the  centre  of  f  le 
County  from  the  lands  of  the  Siwanoys  on  the  east  ;o 
the  Hudson  on  the  west.  Adjoining  them  on  the  norih 
were  the  Sint-sinks  possessing  two  villages,  Ossingsiiig 
now  Sing-Sing,  and  Kestabuinck,  the  latter  of  which 
was  inland  and  a  little  south  of  the  Croton  river. 

From  the  Kicktawanc,  or  Croton,  extending  up  the 
river  to  Anthony's  Nose,  and  what  is  now  the  north 
line  of  the  County,  dwelt  the  Kicktawancks,  or 
Kitchawongs,  whose  chief  village  was  just  above  the 
mouth  of  the  Croton  river,  on  the  isthmus  connecting 
Senasqua,  or  Teller's  Point,  with  the  main  land,  and 
near  the  old  Van  Cortlandt  Manor  House.  East- 
wardly  their  lands  appear  to  have  extended  to  Con- 
necticut and  the  lands  of  the  Siwanoys.  The  Indians 
in  the  northern  part  of  the  county  were  also  called 
the  Tankitekes,  which  seems  to  have  been  a  general 


UKI.AWAKE  INDIAN  FORT. 

(From  Cumpiinius'    "Now  Sweden.") 

name  for  all  dwellings  north  of  the  Wickquaeskecks. 
These  last  were  said  by  Tienhoven  in  1651,  to  have 
extended  east  to  the  Sound,  but  this  being  in  conflict 
with  de  Laet's  account  of  1624,  is  believed  to  be  an 
error.  From  Hellgate  along  the  Sound,  including 
the  whole  eastern  side  of  Westchester  County,  and 
Connecticut,  as  far  as  Norwalk  and  its  islands,  and 
inland  to  the  valley  of  the  Bronx  and  the  head  waters 
of  the  Croton,  a  single  and  numerous  tribe  possessed 
all  the  land.  These  were  the  Sewanoes,  or  Siwanoys, 
as  de  Laet  writing  in  1624,  the  earliest  and  most 
trustworthy  authority  on  New  Netherland  history, 
distinctly  states.'  They  had  several  towns  in  this 
territory,  some  of  which  were  fortified.  One  of  the 
latter  occupied  the  beautiful  height  in  the  township 
of  Westchester  overlooking  the  Sound,  on  which  still 
stands  the  old  seat  of  the  Wilkins  family,  which 
from  it  has  always  borne,  and  still  bears,  the  name  of 
"Castle  Hill."  A  village,  and  also  a  burial-place, 
existed  on  Pelham  Neck,  another  on   Davenport's 


1  De  Uet'i  Naw  World,  ch.  VIII. 


Neck  in  New  Rochelle,  still  another  on  Heath- 
cote  Hill  and  Nelson's  Hill,  at  the  head  of  Jlam- 
aroneck  Harbor.  A  fifth,  and  a  very  large  one, 
was  on  the  attractive  banks  of  Rye  Lake  in  the 
northern  end  of  the  town  of  Harrison.  Besides 
these  there  were  scattered  collections  of  a  few  lodges 
in  other  places  chiefly  resorted  to  in  the  fishing  and 
hunting  seasons.  One  of  these  was  at  Throg's  Point, 
another  at  the  extreme  point  of  Pelham  Neck, 
another  on  de  Lancey's  Neck  at  the  narrowest  point 
at  the  mouth  of  the  Harbour,  where  a  imall  creek 
running  into  the  Harbour  from  the  west,  and  a  round 
field  of  upland  adjacent  to  it,  are  still  known  as  the 
Indian  creek,  and  the  Indian  field,  and  the  point 
itself  as  Indian  Point.  A  fourth  existed  on  Milton 
Neck,  and  a  fifth  on  Manussing  Island,  both  in  the 
town  of  Rye.  This  account  of  the  Westchester  In- 
dians is  based  upon  a  study  of  de  Laet,  de  Vries, 
Van  der  Donck,  O'Callaghan,  Brodhead,  Moulton, 
Schoolcraft,  Ruttenber,  and  an  examination  of  many 
Indian  deeds,  and  records  of  councils. 

From  the  Sakimas,  Sagamores,  or  Sachems,  of  these 
various  tribes,  and  some  of  their  chief  men  and 
women,  have  come  by  deeds  of  conveyance  the 
Indian  titles  to  all  the  lands  in  Westchester  County. 
There  is  no  part  of  America  of  equal  area,  in  which 
the  Indian  title  was  so  fully  and  fairly  extinguished. 
And  none  where  in  proportion  to  its  size  more  Itiuian 
deeds  have  been  given,  preserved,  and  recorded. 

There  was  a  peculiarity  in  the  customs  of  the 
Indians  in  relation  to  sales  of  lands  which  should 
always  be  remembered,  and  to  tiieir  observance  of 
which  is  to  be  ascribed  the  discredit  sometimes 
attached  to  them  in  these  matters.  "  Oh  !  you  are  an 
Indian  giver  "  is  sometimes  heard,  expressive  of  the 
idea,  of  giving  a  thing  and  then  taking  it  back,  which 
has  its  origin  in  this  custom.  They  sometimes  sold 
and  deeded  the  same  land  more  than  once,  in  whole, 
or  in  part.  This  was  in  pursuance  of  a  custom 
which  with  them  was  a  law.  It  is  thus  stated  by 
Ruttenber  in  his  "  History  of  the  River  Indians,"  page 
80.  "  Land"  held  by  them  were  obtained  by  conceded 
original  occupation  or  by  conquest.  If  conquered 
original  right  ceased  and  vested  in  the  conquerors ; 
if  re-i'onquered,  the  title  returned  to  its  original 
owners.  This  rule  they  applied  also  to  the  sale  of 
lands  to  the  Dutch.  [And  to  the  English  also.]  As 
often  as  they  sold  to  the  latter  and  subsequently 
drove  off  the  settlers,  so  often  was  re-purchase  neces- 
sary, and  if  it  wa.T  not  made,  a  cause  of  grievance  and 
future  war  remained."  It  was  in  fact,  nothing  but 
the  application  of  their  idea  of  the  right  of  eminent 
domain.  Of  course  there  were  instances  of  fraudulent 
deeds  by  Indians  who  had  no  power  or  right  to  con- 
vey, or  who  were  drawn  into  sales  when  intoxicated 
or  prisoners  by  designing  whites.  And  there  were 
some  where  rival  Sachems  claimed  and  deeded  the 
same  lands  to  different  parties ;  but  these  exceptions 
were  rare. 


THE   ORIGIN   AND   HISTORY   OF  THE   MANORS. 


3A 


In  Westchester  County  the  Indian  title  was  first 
extinguished  by  purchase  from  the  Indians  pursuant 
to  a  license  from  the  Dutch  or  English  authorities, 
then  Manors  and  Grants,  by  patents  were  obtained  in 
the  manner  directed  by  the  Dutch  or  English  laws. 
And  usually  in  the  case  of  the  Manors  and  larger 
patents,  deeds  of  confirmation  were  subsequently 
obtained  from  the  Indians,  merely  as  a  matter  of 
precaution,  notwithstanding  the  fact  that  the  Indian 
title  had,  pursuant  to  the  laws  both  of  the  Dutch  and 
the  English,  been  always  extinguished  by  deed  or 
deeds  beforehand. 

The  North  American  Indians  claimed  that  they 
sprung  from  the  earth — that  they  were  Antochthoni, 
produced  from  the  earth  itself,  and  hence  they 
boasted  their  title  to  the  lands  could  never  be  ques- 
tioned and  was  indefeasible.  This  belief  was  the 
underlying  foundation  of  the  many  curious,  grotesque, 
and  absurd,  accounts  of  their  origin  given  by  different 
tribes,  and  different  writers  at  different  times.  This 
is  not  the  place  to  discuss  the  origin  of  the  Indians, 
nor  any  of  the  many  theories  that  have  been  broached 
to  account  for  it. 

But  the  belief  above  mentioned,  in  some  form  or 
other,  always  existed  among  themselves.  Never  was 
it  more  forcibly,  or  more  eloquently  expressed  than 
by  the  great  Tecumseh  at  the  Council  of  Vincennes 
held  by  General  Harrison,  afterwards  the  ninth 
President  of  the  United  States,  at  that  place  in  1811. 
The  chief  of  some  tribes  attended,  to  complain  of  a 
purchase  of  lands  which  had  been  made  from  the 
Kickapoos.  The  harshness  of  language  used  by 
Tecumseh  in  the  course  of  the  conference  caused  it  to 
be  broken  up  in  confusion.  In  the  progress  of  the 
long  "talks,"  which  took  place,  Tecumseh,  having 
finished  one  of  his  speeches,  looked  around,  but  see- 
ing every  one  seated,  while  no  seat  was  prepared  for 
him,  a  momentary  frown  passed  over  his  countenance. 
Instantly  General  Harrison  ordered  that  a  chair 
should  be  given  him.  Some  person  presented  one, 
with  a  bow,  saying,  "  Warrior  your  father  General 
Harrison  offers  you  a  seat."  Tecumseh's  dark  eyes 
flashed.  "My  father  !"  he  exclaimed  with  indigna- 
tion, and  extending  his  arm  towards  the  heavens, 
burst  forth  "The  Great  Spirit  is  my  father  and  the 
earth  is  my  mother ;  she  feeds  and  clothes  me,  and  I 
recline  on  her  bosom."' 

2. 

How  the  Indian  Title  vested  successively  in  the  Dutch 

West  India  Company,  the  liritish  Crown,  and  the 

Independent  State  of  New  York. 

The  nature  and  extent  of  the  Indian  ownership, 
and  the  foundation  of  the  title  to  the  domain  of  the 
State  of  New  York  were  settled  by  the  principles  on 
these  subjects  very  early  adopted  and  carried  into 
effect  by  the  different  European   nations  which  di- 

1  MoHlton's  HIrt.  N.  Y.,  27. 


vided  between  themselves  this  western  world.     These 
principles  formed  the  basis  of  a  conventional  inter- 
national law   which   has  been  always    observed   in 
America.    They  define  with  precision,  to  whom  the 
!  Indians  could  dispose  of  their  rights  to  dominion  and 
1  to  the  soil,  and  to  whom   they  could  not.     They 
have  been  laid  down  by  Chancellor  Kent  and  Chief 
Justice  Marshall  in  the  highest  courts  of  this  State 
and  the  United  States.'' 
I      These  decisions  are  so  admirably  treated  by  Moul- 
I  ton,  in  that  most  valuable  fragment  of  bis  "History 
I  of  New  York  " '  which  is  all  that  his  early  and  la- 
mented death   has  left  to  us,  that  his  statement  a 
[  little  abridged  will  be  almost  all  that  is  necessary  to 
t  say  on  this  subject  here. 

I      "  Upon  the  discovery  of  this  continent  the  great  na- 
I  tions  of  Euiope,  eager  to  appropriate  as  much  of  it 
I  as  possible  and  conceiving  that  the  character  and  re- 
ligion of  its  inhabitanta  afforded  an  apology  for  con- 
sidering them  as  a  people,  over  whom  the  superior 


DAVID  PIETER8EN   DE    VKIE8. 

genius  of  Europe  might  claim  an  ascendancy,  adopted, 
as  by  a  common  consent,  this  principle, — 

"First,  that  discovery  gave  title  to  the  government, 
by  whose  subjects,  or  under  whose  authority  it  was 
made,  against  all  other  European  governments,  which 
title  might  be  consummated  by  possession.  Hence  if 
the  country  be  discovered  and  possessed  by  emigiants 
of  an  existing  acknowledged  government,  the  pos- 
session is  deemed  taken  for  the  Nation,  and  title  must 
be  derived  from  the  sovereign  in  whom  the  power  to 
dispose  of  vacant  territories  is  vested  by  law. 

"^Secondly,  Ile.sulting  from  this  principle  was  that  ol 
the  sole  right  of  the  discoverer  to  acquire  the  soil  from 
the  Natives,  and  establish  settlements,  either  by  pur- 
chase or  by  con<iuest.  Hence  also  the  exclusive  ■  ight 
cannot  exist  in  government  and  at  the  same  time  in 
private  individuals  ;  and  hence  also, — 

"Thirdly,  The  Natives  were  recognized  as  rightful 
occupants,  but  their  power  to  dispose  of  the  soil  at 
their   own  will    to  whomsoever    they  pleased,   was 


•In  Goodell  v.  JackKin,  20  JobOBon,  (193,  andjohnson  &  (Iniham'ii 
liPsspo  V.  Mcintosh,  8tli  Wlieaton,  543. 

■■<  V.  aoi,  4c. 


86 


HISTORY  OF  WESTCHESTER  COUNTY. 


denied  by  the  original  fundamental  principle,  that 
discovery  gave  exclusive  title  to  those  \s'\o  made  it. 

"  Fourthly, The  ultimate  dominion  was  asserted,  and, 
as  a  consequence,  a  j)ower  to  grant  the  soil  while  yet 
in  the  possession  of  the  Natives.  Hence,  such  do- 
minion was  incompatible  with  an  absolute  and  com- 
plete title  in  the  Indians.  Consequently  they  had  no 
right  to  sell  to  any  other  than  the  government  of  the 
first  discoverer,  nor  to  ])rivute  citizens  witLout  the 
sanction  of  that  government.  Hence  the  Indians 
were  to  be  considered  mere  occupants,  to  lie  protected 
indeed  while  in  peace  in  the  possession  of  their  lands, 
but  with  an  incapacity  of  transferring  the  absolute 
title  to  others. 

"Fifthly,  The  United  States  have  acceded  to  those 
principles  which  w^re  the  foundation  of  European 
title  to  property  in  America.  The  Declaration  of  In- 
dependence gave  us  possession,  and  the  recognition  of 
Inde])endence  by  Great  Britain  gave  title  to  all  the 
lands  witliin  the  boundary  lines  des;  libed  in  the 
treaty  that  closed  our  revolutionary  war,  subject  only 
to  the  Indian  right  of  occupancy,  and  we  thus  be- 
came possessed  of  all  the  right  Great  Britain  had,  or 
which  before  the  sejjaration  the  provinces  possessed, 
but  no  more.  Hence  tha  exclusive  power  to  extin- 
guish that  right,  was  vested  in  that  government 
which  might  constitutionally  exercise  it.  Therefore 
each  State  before  the  Union  in  1789,  and  each  State 
since,  (within  its  circumscribed  territorial  jurisdic- 
tion) possessed,  and  possesses,  by  its  government  the 
exclusive  riglit  to  purchase  from  the  Indians, 

"Sixthly,  That  the  allodial  property  in  the  territory 
of  this  State,  or  that  which  has  become  exclusively 
vested  in  the  United  States,  is  solely  in  the  govern- 
ments respectively,  and  that  no  foreign  grant  or  title 
can  be  recognized  by  the  Courts  of  Justice  of  this 
State,  or  of  the  United  States. 

"S])ain  though  deriving  a  grant  from  the  Pope,  was 
comjtelled  to  rest  her  title  on  discovery  ;  Portugal  to 
the  Brazils ;  France  to  Canada,  Acadia,  and  Louis- 
iana ;  Holland  to  the  discoveries  of  Henry  Hudson. 
England,  though  she  wrested  the  Dutch  possessions 
on  the  ground  of  ])re-eminent  right,  asserted  it  on  the 
same  princi])le,  tracing  her  right  to  the  discovery  of 
the  Cabots,  though  they  merely  sailed  along  the  coast 
of  America,  and  extending  her  claim  from  .S4°  to  48° 
of  north  latitude.  This  principle  of  ultimate  domain, 
founded  on  discovery  is  recognized  in  the  wars,  nego- 
tiations, and  treaties  of  the  European  nations 
claiming  territory  in  America.  Such  were  the  con- 
tests of  France  and  Spain  as  to  the  territory  on  the 
north  coast  of  the  Gulf  of  Mexico;  between  France 
and  Great  Britain  from  their  nearly  contemporaneous 
settlements,  till  the  treaty  of  Paris  in  1763,  when 
France  ceded  and  guaranteed  to  Great  Britain,  Nova 
Scotia  or  Acadia,  Canada  and  their  dependencies. 
The  cessions  and  retrocessions  of  the  I']uropean  powers 
in  America  were  all  made  while  the  greater  portion 
of  the  territories  so  ceded  and  retroceded  were  in  the 


possession  of  the  Indians.  This  was  also  the  case 
when  the  right  of  ultimate  dominion  was  asserted  by 
actual  settlement.  The  charter  to  Sir  Humphrey 
Gilbert,  renewed  in  that  to  Sir  Walter  Raleigh  ;  the 
charters  (  f  James  I.  successively  vacated,  surrendered, 
annulled,  or  ren 'wed,  to  the  North  and  South  Vir- 
ginia Companies,  u:itil  that  to  the  Duke  of  Lenox 
and  others  in  1620 ;  were  all  granted  while  the  coun- 
try was  in  the  occupation  of  the  Indianf,. 

"  Under  the  last  mentioned  pat»  nt,  viz.  to  the  Plym- 
outh Company,  Now  P]ngland  has,  in  a  great  mo-as- 
ure,  been  settled.  They  conveyed  to  Henry  Rosewell 
and  others  in  1627,  the  territory  of  Massachusetts, 
who,  in  1628,  obtained  a  charter  of  incorporation. 
Having  granted  a  great  part  of  New  England,  the 
Company  made  partition  of  the  residue  in  1635,  and 
surrendered  their  charter  to  the  Crown.  A  Patent 
was  granted  to  Ferdinando  Gorges  for  Maine,  which 
was  allotted  to  him  in  the  division  of  property.  New 
Hampshire  was  granted  to  John  Mason.  Before  the 
surrender  by  the  Dutch  of  their  colony,  now  New 
York,  in  1664,  the  King  of  England  had  granted  to  the 
Duke  of  York,  the  country  of  New  England,  and  as 
far  as  the  Delaware  Bay.  The  Duke  subsequently 
transferred  New  Jersey  to  Lord  Berkeley  and  Sir 
George  Carteret.  And  yet,  during  these  events,  a 
great  proportion  of  the  country  was  in  possession  of 
the  Indians.  In  1663  the  Crown  granted  to  Lord 
Clarendon  and  others  the  country  lying  between  the 
36th  degree  of  North  latitude  and  the  River  St. 
Mary's;  in  1666  the  ])roprietors  obtained  a  new  char- 
ter granting  to  them  that  j)rovince  in  the  King's  do- 
minions in  North  America  from  the  Atlantic  to  the 
South  Sea.  Thus  our  whole  country,  the  soil  as  well  as 
the  right  of  dominion,  was  granted  while  occupied  by 
the  Indians.  However  extravagant  the  pretension 
may  appear,  of  converting  the  discovery  of  an  inhab- 
ited country  into  conquest,  if  the  principle  has  been 
asserted  in  the  first  instance,  and  afterwords  nmin- 
tained  ;  if  a  country  has  been  accjuired  and  held  under 
it;  if  the  property  of  the  great  mass  of  the  community 
originates  in  it,  it  becomes  the  law  of  the  land  and 

cannot  be  questioned The  law  of  conquest, 

founded  in  force,  but  limited  by  that  humanity  or 
policy  which  incorporates  the  conquered  with  the 
victorious,  sjjares  all  wanton  oppression,  and  protects 
title  to  property,  whether  the  vanquished  became  in- 
corporated, or  were  governed  as  a  distinct  society,  was 
incapoble  of  application  to  the  aborigines  of  this 
country.  The  tribes  of  Indians  were  fierce  savage'", 
whose  occupation  was  war,  and  whose  subsistence 
was  chiefly  from  the  forest.  To  leave  them  in  jws- 
session  of  their  country,  was  to  leave  the  country  a 
wilderness ;  to  govern  them  as  a  distinct  people  was 
impossible,  because  they  were  as  brave  and  high 
spirited  as  they  were  fierce,  and  were  ready  to  repel 
by  arms  every  attempt  on  their  independence.  To  mix 
with  them  was  impossible.  The  Europeans  were  then 
compelled  either  to  abandon  the  country,  and   all 


THE  ORIGIN   AND   HISTORY   OF  THE   MANORS. 


37 


claim  to  their  discovery,  remain  exposed  to  perpetual 
hazard  of  masHacre,  or  enforce  their  claim  by  the 
sword.  Wars,  in  which  the  whites  were  not  always 
the  aggressors,  ensued.  Eurojtean  policy,  numbers, 
and  skill,  prevailed.  As  the  white  population  ad- 
vanced, that  of  the  indianit  necessiirily  receded.  The 
country  in  the  neighbourhood  of  agriculturalists  be- 
came unfit  for  them.  The  game  fled  into  tliicker  and 
more  unbroken  forests,  and  the  Indians  followed. 
The  soil  to  which  the  Crown  originally  claimed  title, 
being  no  longer  occupied,  was  parceled  out  according 
to  the  will  of  the  sovereign  power,  and  taken  posses- 
sion of  by  those  claiming  under  it.  Hence  the  abso- 
lute title  and  exclusive  right  of  extinguishing  that  of 
the  Indians  having  been  vested  in,  and  exerci.sed  by, 
the  government  cannot  exist  at  the  same  time  in  pri- 
vate indiviti'nils,  and  was  incompatible  with  an  abso- 
lute and  complete  title  in  the  Indians.  The  British 
government,  which  was  then  ours,  and  whose  rights 
passed  to  the  United  States  by,  and  at,  the  ]>oace  of 
1783,  asserted,  and  maintained,  a  title  to  all  the  lands 
occupied  by  the  Indians  iu  the  British  colonies  in 
America,  and  tlie  exclusive  right  of  extinguishing 
their  title  by  occupancy.  These  claims  were  carried 
to  the  line  of  the  Mississippi  by  the  terms  of  the 
treaty  of  1783.  Our  title  to  a  vast  portion  of  the 
lands  we  hold  originates  in  them.  The  United  States 
therefore  maintain  the  principle  which  has  been 
received  as  the  foundation  of  all  European  title  in 
America." 

By  the  treaty  of  peace,  in  1783,  Great  liritain  relin- 
quished all  claim  not  only  to  the  government,  but  to 
the  soil,  and  territorial  rights,  of  the  thirteen  Colonies 
as  claimed  by  the  American  negotiators  of  that  treaty, 
the  boundarias  of  which  collectively  were  fixed  by  its 
second  article.  And  by  that  treaty  all  the  powers 
of  that  government  and  its  right  to  the  soil  passed  to 
the  Thirteen  States,  not  as  a  single  Sovereignty,  but 
as  thirteen  Independent  Sovereignties.  But  neither 
theDeclarationof  Independence,  nor  the  Treaty,  could 
give  us  more  than  we  possessed  by  virtue  of  the  for- 
mer, or  to  which  Great  Britain  was  before  entitled. 

New  York,  four  years  before  the  Articles  of  Con- 
federation were  adopted  and  became  operative  (which 
did  not  occur  till  March,  1781),  adopted  a  constitu- 
tion, at  Kingston,  on  the  20th  day  of  April,  1777;  by 
the  37th  Article  of  which  (since  reincorporated  in  all 
the  subsequent  State  Constitutions),  contracts  for 
lands  with  the  Indians  in  this  State  are  made  void 
unless  sanctioned  by  the  Legislature,  and  such  pur- 
chases are  declared  to  be  a  penal  offense  by  a  subse- 
quent act  of  the  Legislature;  the  object  being  the 
protection  of  the  Indians  in  the  possession  of  their 
lands. 

During  her  whole  existence  as  a  British  Colony, 
a  period  of  one  hundred  and  nineteen  years,  New 
York  was  a  lloyal  Government,  a  Province  indepen- 
dent in  all  respects  except  her  allegiance  to  the 
British  sovereign,  whose  representative  was  the  .Royal 


Governor  for  the  time  being.  As  such  representative 
the  Governor  granted  by  patent  all  the  lands  which 
were  granted  in  the  Province,  except  those  previously 
granted  liy,  the  prior  Dutch  government,  the  posses- 
sion of  which  by  their  owners  was  duly  confirmed  by 
the  Artie'''  of  Capitulation  under  which  the  Dutch 
surrender  of  N(^w  Netlierlaod  was  made  in  li!04. 

By  the  thirty-sixth  article  of  the  first  State  Consti- 
tution of  1777,  all  tliL-hi  croun  gi.Tits  under,  through, 
and  by  Provincial  Governors,  prior  to  October  14, 
1775,  were  declared  to  be  valid  and  incontestible,  and 
were  thereby  confirmed.  And  this  declaration  and 
confirmation  have  been  continued  and  adopte.l  in  all 
the  succeeding  constitutions  of  New  York  to  the 
present  time.  Consequently  a  grant  from  the  British 
Crown  is  the  highest  source  of  title  in  this  State,  and 
one  which  is  irrefragable,  and  incapable  of  being 
affected  adversely  in  any  way  by  any  legislative,  or 
other,  act  of  the  State  government,  or  any  decision  of 
any  Court  of  this  State,  or  of  the  United  States. 

8. 
The  Dutch   in  Xeio  yetherland. 

A  brief  statement  of  the  dealings  of  the  Dutch 
witli  their  newly  discovered  country,  before  its  colon- 
ization was  actually  begun*  is  necessary  to  a  right 
understanding  of  the  principles  upon  which  that 
colonization  was  undertaken,  and  of  the  system  of 
government,  and  laws,  which  that  great  nation  estab- 
lished, in  New  Netherland. 

And  here  let  it  be  noted,  that  this  name  was  New 
Netherhind,  not  Nev/  Netherlands,  as  so  often,  and  so 
\vrnngly,  printed,  written,  and  spoken.  "  Niew  Ned- 
eilandt"  was  the  term  in  Dutch.  Adding  a  final 
"s"  to  the  English  translation,  and  calling  it  New 
Netherlands,  is  simply  a  pure  New  England  vulgar- 
ism, and  an  utterly  erroneous  translation  of  the  true 
name. 

The  Netherlands,  in  the  plural,  was  the  correct 
name  in  English  of  the  United  Provinces,  from  the 
fact  that  they  consisted  of  seven  Provinces,  while 
Niew  Netherlandt  was  but  a  single  Province,  not- 
withstanding its  great  extent,  and  hence  was  always 
spoken  of,  and  written  of,  by  the  Dutch  in  the  singu- 
lar number. 

The  announcement  of  Hudson's  great  discovery 
did  not  produce  rapid  results.  The  extraordinary 
success  of  the  P^ast  India  Company  at  that  time  and 
the  enormous  dividends  it  declared  drew  the  general 
attention  to  the  eastern,  and  not  to  the  western 
world.  A  single  vessel  in  KilO,  the  year  after  the 
return  of  the  Half  Moon,  made  a  successful  trading 
voyage  to  the  "River  of  the  Mountains,"  returning  to 
Holland  with  a  valuable  cargo  of  peltries.  Two 
Dutch  navigators,  Hendrick  Christiaeusen,  or  Cor- 
stiaensen,  and  Adrian  Block,  chartering  a  vessel 
commanded  by  Captain  Ryser,  next  made  a  voyage  to 
the  new  region.  In  the  early  part  of  1C13,  Hendrick 
Corstiaensen,  in  the  "Fortune,"  and  Block,  in  the 


38 


HISTORY  OF  WESTCHESTEU  COUNTY. 


Ti^er,  sailed  again  to  the  Munhattaiia,  and  ex- 
plored the  adjacent  coasts  and  waters.  Other  vessels 
also  visited  th§  bay  and  river,  and  all  returned  with 
profitable  cargoes  of  furs.  No  trouble  was  expe- 
rienced with  the  natives,  who  were  ready  and  willing 
to  exchange  their  skins  for  the  novel  and  attractive 
goods  of  Europe. 

Block's  vessel,  the  "Tiger,"  was  accidentally  burned 
in  the  Hay  of  New  York  in  the  autumn  of  1613,  and 
he  therefore  built  another  during  the  succeeding  win- 
ter,'— the  first  ever  constructed  by  white  men  in  the 
waters  of  New  York.  It  was  a  small  yacht  of  only 
sixteen  tons  burden  (English  measure),  which,  with 
strange  appropriateness,  he  named  "the  Onriial" — the 
Restless.  In  this  yacht,  in  the  summer  of  ltil4.  Block 
sailed  through  Hellgate  and  explored  Long  Island 
Sound  and  the  adjacent  coast  as  far  east  as  Cape  Cod, 
discovering  the  Housatonic,  and  Connecticut  rivers^ 
Narraganset  Hay,  and  the  island  that  still  bears  his 
name.  He  then  first  rscertained  that  Long  Island 
was  an  island.  The  Connecticut  river  he  awcendcd  to  a 
little  above  the  present  city  of  Hartford.  He  was 
the  first  European  who  sailed  through  the  Sound, 
and  the  first  white  man  who  beheld  the  southern  and 
eastern  shores  of  Westchester  County. 

Corstiaensen  finally  determined  to  remain  at  Man- 
hattan to  extend  the  Indian  trade.  Turning  over  his 
own  ship  to  Block,  who  left  him  the  Onrust,  the 
latter  returned  to  Holland.  Corstiaensen  built  two 
fortified  trading-stations,  one  on  an  island  below 
Albany,  the  other  at  the  south  end  of  Manhattan 
Island,  and  visited  and  traded  with  the  Indians 
of  all  the  neighboring  tribes.  Three  other  vessels, 
the  Little  Fox,  the  Nightingale  and  the  Fortune, 
under  Captains  John  de  Witt,  Rhys  Volkertssen  and 
Cornells  Jacobsen  May,  respectively,  visited  the 
"River  of  the  Mountains,"  exploring  and  trading 
with  the  natives,  and  those  of  the  regions  adjacent. 

This  trade,  thus  begun,  was  so  profitable  that  it 
induced  thesn  navigators,  and  the  owners  of  their 
ships,  to  apply  lo  the  States-General  of  the  United 
Provinces  for  a  grint  of  the  sole  privilege  of  trading 
with  the  new  and  pleasant  land  beyond  the  ocean. 
They  presented  a  n.  emorial  to  this  effect,  accompanied 
by  the  first  map  evtr  "lade  of  the  region  of  New 
Netherland — a  "Carte  Figuratif,"  as  they  styled  it — 
to  the  States-General  in  the  autumn  of  1614.  The 
application  met  their  approval,  and  on  the  11th  of 
October,  in  the  same  year,  that  sovereign  body  made 
a  grant  to  the  petitioners  of  the  privilege  sought,  to 
run  for  the  term  of  three  years,  from  the  Ist  of  Jan- 
uary, IGl.").  This  grant  is  in  the  following  words, 
and  in  it  appears  for  the  first  time,  as  the  name  of 
the  new  region,  the  term  "New  Netherland." 

"The  States-Geneual  of  the  United  Netherlands 
to  all  to  whom  these  presents  shall  come,  Greeting. 


II.  Col.  HlBt.  N.    Y.,  VI.     I.  O'CallaghairB  Hist,  of  New  Nether- 
land, 47. 


Whereas  (Serrit  Jacob/,  Witsscn,  antient  Burgomaster 
of  the  City  of  Amsterdam,  Jonas  Witssen,  Simon 
Morrissen,  owners  of  the  shi|i  named  the  Little  Fox, 
whereof  Jan  de  Witt  has  been  skipper ;  Hans  Hon- 
gers,  I'aulus  I'elgrom,  Lambrecht  van  Tweenhuysen, 
owners  of  two  ships  named  the  Tiger  and  the  For- 
tune, whereof  Adriaen  Block  and  Henrick  Corstiaen- 
sen were  skippers;  Arnolt  van  Lybergen,  Wessel 
Schenck,  Hans  Claessen  and  Barent  Sweettsen,  own- 
ers of  the  ship  named  the  Nightingale,  whereof 
Thys  Volckertsen  was  skipper;  Merchants  of  the 
aforesaid  City  of  Amsterdam,  and  Pietcr  Clementzen 
Brouwer,  .Ian  Clementzen  Kies,  and  Conielis  Volck- 
ertssen,  Merchants  of  the  City  of  Hoorn,  owners  of 
the  ship  named  the  Fortuyn,  wherof  Cornells 
JacobsHsn  May  was  skipper ;  all  now  associated  in 
one  company,  have  respectfully  represented  to  us, 
that  they,  the  petitioners,  after  great  expenses  and 
damages  by  loss  of  ships  and  other  dangers,  had, 
during  the  present  year  discovered  and  found,  with 
the  above-named  five  ships,  certain  New  Lands  situ- 
ate in  America,  between  New  France  and  Virginia, 
the  seaooasis  whereof  lie  between  forty  and  fortyfive 
degrees  of  Latitude,  and  now  called  New  Netherland : 
And  whereas  We  did,  in  the  month  of  March  last,  for 
the  promotion  and  increa.He  of  commerce,  cause  to  be 
published  a  certain  General  Consent  and  Charter, 
setting  forth,  that  whosoever  should  thereatler  dis- 
cover new  havens,  lands,  places  or  passages,  might 
frequent,  or  cause  to  be  frequented,  for  four  voyages, 
such  newly  discovered  and  found,  j)lace8,  passages, 
havens,  or  lands,  to  the  exclusion  of  all  others  from 
visiting  or  frequenting  the  same  from  the  United 
Netherlands,  until  the  said  first  discoverers  and  find- 
ers shall,  themselves,  have  completed  the  said  four 
voyages,  or  caused  the  same  to  be  done  within  the 
time  prescribed  for  that  purpose,  under  the  penalties 
expressed  in  the  said  Octroy,  &c.,  they  request  that 
we  should  accord  to  them  due  Act  of  the  aforesaid 
Octroy  in  the  usual  form  : 

"  Which  being  considered,  We  therefore  in  Our  As- 
sembly having  heard  the  pertinent  Report  of  the  Pe- 
titioners, relative  to  the  discoveries  and  findings  of 
the  said  new  Countries  between  the  above-named 
limits  and  degrees,  and  also  of  their  adventures,  have 
consented  and  granted,  and  by  these  presents  do  con- 
sent and  grant,  to  the  said  Petitioners  now  united  into 
one  company,  that  they  shall  be  privileged  exclusively 
to  frequent,  or  cause  to  be  visited,  the  above  newly  dis- 
covered lands,  situate  in  America  between  New  France 
and  Virginia,  whereof  the  seacoasts  lie  between  the  for- 
tieth and  fortyfifth  degrees  of  Latitude,  now  named  New 
Netherland,  as  can  be /seen  by  a  Figurative  Map  hereun- 
to annexed,  and  that  for  four  voyages  within  the  term 
of  three  years, commencing  the  first  of  January,  sixteen 
hundred  and  fifteen  next  ensuing,  or  sooner,  without  it 
being  permitted  to  any  other  person  from  the  United 
Netherlands,  to  sail  to,  navigate,  or  frequent  the  said 
newly  discovered  lands,  havens,  or  places,  either  di- 


TlIK   OUIOIN   AND   HISTORY   OV  THE   MANORS. 


39 


rectly  or  indirectly,  within  the  said  three  years,  on 
pain  of  contiHcation  of  the  vessel  and  Cargo  where- 
with infrurtion  hereof  shall  be  atteni[)ted,  and  a  fine 
of  Fifty  thousand  Netherland  Ducats  for  the  benefit 
of  the  said  discoverers  or  finders;  provided,  neverthe- 
less, that  by  these  presents  We  do  not  intend  to 
prejudice  or  diminish  any  of  our  former  grants  or 
charters;  And  it  is  Our  intention,  that  if  any  disputes 
or  ditlereiices  arise  from  these  our  concessions  they 
shall  be  decided  by  ourselves. 

"  We  therefore  expressly  command  all  (tovernors. 
Justices,  Officers,  Magistrates,  and  inhabitants,  of  the 
aforesaid  United  Countries,  that  they  allow  the  said 
company  peaceably  and  quietly  to  enjoy  the  whole 
benefit  of  this  Our  grant  and  consent,  ceasing  all  con- 
tradictions and  obstacles  to  the  contrary.  For  such 
we  have  found  to  a|>pcrtain  to  the  public  service. 
Cfiven  under  our  seal,  paraph  and  signature  of  Our 
Secretary,  at  the  Hague  the  xith  of  October,  1614.'" 

This  exclusive  charter  expired  by  its  terms  on  the 
first  of  January,  181H,  and  the  company  of  merchants 
to  whom  it  had  been  granted, — "  the  United  New 
Netherlaiid  Company  " — as  they  styled  themselves, 
applied  for  its  renewal.  This  the  States-General  re- 
fused, having  in  contemplation  to  charter  a  great 
military  and  commercial  company  for  the  West 
Indies  similar  to  the  great  organization  of  that  nature 
then  existing  for  the  East  Indies.  The  object  in  view 
in  both  was  the  same,  namely,  to  establish  a  power, 
which  could,  at  the  same  time,  maintain  profitable 
foreign  trade,  and  carry  on  military  and  naval  enter- 
prises against  Spain,  thus  in  both  ways  crippling 
their  hereditary  enemy.  In  the  summer  of  1618, 
Hendrick  Eelkens  and  his  partners,  by  special  per- 
mission of  the  States-General,  sent  their  ship,  the 
"  Scheldt "  to  the  Manhattans  for  a  single  trading 
voyage.  In  1619  Captain  Cornells  Jacobsen  May, 
who  had  made  the  voyage,  a  few  years  before  in  com- 
mand of  the  "  Fortune,"  sailed  again  in  the  ship 
"  Glad  Tidings,"  and  explored  the  Bays  of  the  Del- 
aware, and  the  Chesapeake.  Returning  in  1620,  he 
and  his  owners  applied  to  the  States-General  for  a 
special  charter  in  their  favor,  and  Eelkens  and  his 
partners  put  in  an  opposing  petition  claiming  such 
special  charter  for  themselves  on  the  ground  of  prior 
discovery.  The  States-General  tried  to  compel  these 
parties  to  settle  their  difterences,  and  unite  their 
interests,  and  appointed  a  committee  upon  the  sub- 
ject. This  committee  sat  for  several  months  endeav- 
oring, after  hearing  both  sides,  to  eflect  this  object ; 
but  finding  it  impossible,  they  so  reported,  and  the 
States  General  refused  to  give  either  party  the  wished 
for  prize.  In  less  than  seven  months  after  this 
rejection,  "  the  long  pending  question  of  a  grand 
armed  commercial  organization  was  finally  settled; 
and  an  ample  charter,  (bearing  date  the  third  day  of 
June  1621)  gave  the  AVest  India  Comj)any    almost 

1 1.  Col.  HUt.  X.  X.  11. 


unlimited  powers  to  colonize,  govern,  •ud  defend  New 
Netherland." ' 

In  the  year  1619  Captain  Thomas  Dormer,  a  naviga- 
tor in  the  employment  of  Sir  Ferdiuando  Gorges,  one 
of  the  leading  corporators  of  the  "  Council  of  Plym- 
outh "  (as  the  Company  chartered  by  James  I.  in 
1606,  was  styled)  who  terms  him  "  a  brave  stout  gen- 
tleman," was  sent  in  command  of  a  ship  of  two 
hundred  tons  on  a  voyage  to  Monhegan,  an  island  on 
the  Coast  of  Maine  som<^  distance  east  of  the  Mouth 
of  the  Kennebec.  On  object  of  this  voyage  wu  to 
obtain  a  cargo  of  fish,  another  was  to  return  to  his 
home  Sciuaiito,  one  of  the  twenty-seven  Massachu- 
setts Indians  kidnapped,  carried  to  Malaga  in  Spain, 
and  sold  as  slaves,  late  in  1614,  by  Hunt,  the  master 
of  one  of  the  three  vessels  of  Captain  John  Smith, 
which  that  famous  explorer  left  behind  him  to  com- 
plete her  cargo  on  his  departure  from  New  England 
in  July,  1614.' 

By  the  good  efi()rts  of  some  benevolent  monks  of 
Malaga  many  of  the  kidnapped  Indians  were 
rescued  from  slavery,  and  eventually  found  their  way 
back  to  America.  One  of  these  was  Squanto,  who  on 
reaching  London,  was  sent  by  Mr.  Slaney,  merchant 
and  treasurer  of  the  Newfoundland  Company  to  that 
island.  There  Dermer  met  him,  on  touching  at  the 
island  on  his  way  to  England  on  a  previous  voyage, 
and  carried  him  back  to  that  country,  as  the  easiest 
way  of  returning  him  to  Nc"v  England.  On  this,  his 
next  voyage  he  carried  Squanto  along  with  him.  On 
arriving  at  Monhegan,  and  leaving  his  vessel  there 
to  obtain  her  cargo  of  fish,  he  took  the  ship's  pin- 
nace, an  open,  undecked  bo.it,  of  only  five  tons,  and 
w"  ^  Squanto  and  two  or  three  sailors  departed  for 
the  home  of  his  Indian  friend.  The  unhappy  sav- 
ages so  wickedly  kidnapped  by  Hunt  were  natives  of 
Patuxet  on  the  coast  of  Massachusetts  Bay  and  its 
neighborhood,  S<juanto  himself  having  been  born  at 
that  place.  Dermer  led  Monhegan  on  the  19th  day 
of  May,  1619,  and  in  his  letter  to  the  Rev.  Samuel 
Purchas,  (which  the  latter  published  in  the  fourth 
volume  of  his  "  Pilgrimage,"  in  1625,)  says,  "  I 
passed  along  the  coast  where  I  found  some  ancient 
plantations,  not  long  since  populous,  now  utterly 
void;  in  other  places  a  remnant  remains,  but  not 
free  from  sickness.  Their  disease  is  the  plague,  for 
we  might  perceive  the  sores  of  some  that  had  escaped 
who  described  the  spots  of  such  as  usually  die,  (evi- 
dently the  small-pox).  When  I  arrived  at  ray 
savage's  native  country,  finding  all  dead,  I  travelled 
a  long  days  journey  westward  to  a  place  called 
Nummastaguyt  (a  i)lace  fifteen  miles  west  from  Pa- 
tuxet) where  finding  inhabitants,  I  despatched  a 
messenger  a  days  journey  farther  west  to  Pocanaoket 
which  bordereth  on  the  sea,  (now  Bristol,  Rhode 
Island) ;  whence  came  to  see  me  two  kings,  attended 


« I.  Broil.  97. 

'  N.  Y.  Hist.  Soc.  Coll.,    2d  SCTies.     Vol.  I.  347.     I.  Brodbead,  97. 


40 


HISTOUY  OF  VVK«TCHKSTER  COrNTY. 


with  a  guard  of  flfty  men,  who  heing  well  Ratisfied 
with  what  my  savage  and  I  diMcouMe<l  unto  them — be- 
ing desirous  of  novelty — gave  me  content  in  whatever 
I  demanded,  where  I  found  that  former  relation«  were 
true. 

"  Here  I  redeemed  a  Frenchman,  and  afterwards, 
anotlier  at  MaHtachiisit,  who  three  years  since  ct>  aped 
shipwreck  at  the  north  east  of  Cape  Cod." 

Patuxet  was  the  very  phiee  wiiere  on  the  2l8t  of 
December,  1620,  eighteen  months  later,  the  Pilgrims 
from  Leyden  landed  from  the  Mayflower,  and  whit'h 
Captain  .John  .Smith  six  years  before  had  called 
"  Plymouth,"  a  name  which  will  ever  be  famous  in 
New  England  history.  Strange  are  the  historic 
facts,  that  slaves  were  its  first  export,  and  those  slaves 
Indians,  that  its  first  foreign  visitors,  after  its  dis- 
covery by  Smith,  were  Frenchmen,  the  two  redeemed 
by  Dermer,  who  was  the  first  to  point  out  its 
advantages  for  a  town,  and  that  the  coming  there  of 
the  Pilgrims  afterward  was  the  merest  accident  of  an 
accident,  they  having  sailed  for  New  Netherland. 

Dermer  reached  Monhcgan  on  his  return,  on  the 
23d  of  .lune,  1610,  and  after  despatching  his  ship 
back  to  P'^ngland,  prepared  to  sail  on  a  voyage  to 
Virginia  in  his  pinnace.  "  I  put,"  he  says,  "  most  of 
my  ])rovisions  aboard  the  .Sampson  of  t'aptain 
Ward,  ready  bound  for  Virginia  from  whence  he 
came,  taking  no  more  into  the  pinnace  than  I  thought 
might  serve  our  turns,  determining  with  (tod's  help 
to  search  the  coast  along,  and  at  Virginia  to  supply 
ourselves  for  a  second  discovery  if  the  first  failed." 
He  then  sailed  along  the  coast  to  Virginia  arriving 
there  on  the  8th  of  September,  1()19.  Squanto 
terribly  disappointed  at  finding  all  his  people  dead, 
remained  with  Dermer,  till  he  touched  on  this  second 
pinnace  voyage,  at  iSawah-(iuatooke  (an  Indian  town 
in  the  present  township  of  Brewster  on  Cape  Cod) 
"  where,"  in  Dermer's  words,  "  he  desiretl  to  stay  with 
some  of  our  savage  friends."  Subsequently  Squanto, 
from  the  knowledge  of  English  he  had  picked  up' 
became  of  great  assistance  to  the  Pilgrims  as  an  in- 
terpreter and  his  later  career  is  well  kuown. 

Dermer  stopped  at  Martha's  Vineyard,  and  thence 
as  he  says,  shaped  his  voyage  "  as  the  coast  led  me 
till  I  came  to  the  most  westerly  part  where  the  coast 
began  to  fall  away  southerly.  (This  was  the  eastern 
entrance  of  Long  Island  Sound.)  In  my  way  I  dis- 
covered land  about  thirty  leagues  in  length  hereto- 
fore taken  for  main,  where  I  feared  I  had  been  em- 
bayed, but  by  the  help  of  an  Indian  I  got  to  sea 
again,  through  many  crooked  and  straight  passages. 
I  let  pass  many  accidents  in  this  journey  occasioned 
by  treachery,  where  we  were  twice  compelled  to  go 
together  by  the  ears ;  once  the  savages  had  great 
advantage  of  us  in  a  strait,  not  above  a  bow-shot, 
[wide],  and  where  a  great  multitude  of  Indialis  let 
fly  at  us  from  the  bank  ;  but  it  pleased  God  to  make 
us  victors.  Near  unto  this  we  found  a  most  danger- 
ous cataract  amongst  small,  rocky  islands,  occasioned 


by  two  unequal  tideg,  the  one  ebbing  and  flowing  two 
hours  before  the  other."  This  was  Hcllgate,  and  the 
place  were  the  Indians  "  let  Hy  "  at  them  was  in  the 
neighborhood  of  Throg's  Pf)int.  Such  was  the  voy- 
age of  the  first  Englishman  who  ever  sailed  through 
Long  Island  .'^ound,  and  the  first  who  ever  beheld  the 
southern  and  eastern  shores  of  Westchester  County. 
This  was  five  years  after  the  Dutch  skipper  HInck 
had  sailed  through  the  same  .Sound  from  the  Man- 
hattans, and  ten  years  after  Hudson's  discovery  of 
"  the  (ireat  River  of  the  Mountains."  Very  singular 
it  is,  that  fights  with  the  Indians,  both,  on  the  Hud- 
son, and  on  the  Sound,  and  at  points  nearly  ojiposite 
each  other,  were  the  beginning  of  civilisation  in 
Westchester  County ;  and  that  the  first  was  with 
the  Dutch  ancl  the  second  with  the  English,  the  two 
races  of  whites,  which,  in  succession,  ruled  that 
county,  and  the  Province  and  State  of  New  York.' 

Dermer  spent  the  succeeding  winter  (1619-20)  in 
Virginia,  went  back  to  New  England  the  next  sum- 
mer, again  visited  Plymouth  in  Juui  and  described 
its  advantages  for  a  town  settlement  in  his  letter  of 
the  30th  of  that  month,  went  again  to  Virginia,  and 
there  died. 

On  this  return  voyage  from  Virginia,  Dermer,  in 
the  words  of  the  "  Hrief  Relation  "  of  the  Plymouth 
Com])any's  ]>roceedings  from  1607  to  1622,  "met  with 
certain  Hollanders,  who  had  a  trade  in  Hudson's 
liver  some  years  before  that  time,  with  wh(un  he  had 
a  conference  about  the  state  of  that  coast,  and  their 
proceedings  with  those  people,  whose  answer  gave 
him  good  content." 

This  visit  of  Dermer  to  "  certain  Hollanders  "  was 
the  first  visit  of  an  Englishman  to  Manhattan  Island, 
and  he  Wiut  the  first  man  of  that  race  who  trod  its  soil. 
Hudson  never  landed  on  the  island,  and  they  who 
first  did  so,  and  those  whom  Dermer  found  there, 
were  Dutchmen.  This  voyage,  however,  w.as  the  bnsis 
of  one  of  the  most  famous  myths  of  American  and 
New  York  history.  Twenty-nine  years  after  Dermer's 
visit,  in  the  year  1648,  there  appeared  in  England  a 
pamphlet,  under  the  nom  de  plume  of  "  Beauehamp 
Plantagenet,  Esq.,"  entitled,  "  A  Description  of  the 
Province  of  New  Albion,"  in  which  it  is  stated,  that 
Capt.  Samuel  Argall,  on  his  return  to  Virginia  from 
Acadia  in  1613,  "  landed  at  Manhatas  Isle,  in  Hud- 
son's river,  where  they  found  four  houses  built,  and  a 
pretended  Dutch  (lovernor  under  the  West  India 
Company  of  Amsterdam,"  and  that  he  (Argall)  forced 
the  Dutch  to  submit  themselves  to  the  King  of  Eng- 
land and  to  the  government  of  Virginia.' 

This  story,  often  and  often  repeated,  is  not  sup- 
ported by  any  official  document  of  the  English, 
Virginia,  or  Dutch  governments  yet  discovered  to  this 
day,  and  is  believed  by  modern  scholars  to  have  been 

'  Tills  letter  of  Dermer  reprinted  from  Purclias  with  a  learnnil  preface, 
Is  In  I.  N.  Y.  Hist.  Soc.  Coll.  2.1  Series,  343.  Also  in  20  Mass.  Hist.  Coll., 
p.  63. 

»  I.  N.  T.  Hlit.  Soc.  Coll.,  2il  Series,  3,35. 


THE  ORIGIN   AND  HISTORV  OF  THE  MANORS. 


41 


buii,'il  by  "  Pluntugeiiet '■  on  Dermer's  iiucoiint  of  his 
voyuges,  iidinewhiit  dres^id  up.  I"  I'H.'J  the  Dutch 
\\\»l  India  Coniimny  hud  not  only  not  been  iu(.or|)()- 
rutt'd.  but  it  wiw  not  lonnL-d  till  l(i21.  Thiit  eminent 
Aniericun  historieiii  scliolur,  the  late  Jlon.  Henry  C. 
JIurphy  of  Brooklyn,  a  groat  lawyer,  u  practieed 
wtjiti'Huiiin,  in  the  Dutch  language  i)rot'()undly  nkillud, 
iind  who  had  been  minister  to  Holland,  alter  a 
thorough  investigation  of  this  story  of  ArguH's  visit, 
placed  in  a  note  to  his  translation  of  Van  der  Donek'a 
"  Vertoogh,"  or  "  Representation,"  of  New  Nether- 
luad,  published  in  1S49,  the  following  emphatic 
opinion, — "  This  story  is  a  pure  fiction,  niisustained 
by  any  good  authority — though  some  writers  have 
heaped  up  citations  on  the  subject— and  as  fully  sus- 
cejitible  of  disproof  as  any  statement  of  that  character 
at  that  early  period  can  be."  ' 

It  is  clear  that  from  Hudson's  Discovery  to  the 
chartering  of  the  West  India  Company  the  Dutch 
considered  New  Netherland  as  a  colony  for  commer- 
cial purposes  only,  and  maintained  it  sitnply  for  the 
priilits  of  the  fur  trade  with  the  Indians.  Its  true 
colonization,  as  a  land  to  be  settled  by  their  own 
people,  for  its  agricultural  and  other  resources,  and  as 
a  possible  market  for  the  productions  of  Holland,  was 
gradually  forced  upon  them  by  their  cKjicriunce  of  its 
constantly  increasing  value,  and  pleasant,  and  pro- 
ductive, cliniate  and  soil. 

The  first  step  in  this  direction  was  the  chartering  of 
the  West  India  Company  by  the  .States  (icneral  of  the 
United  Netherlands  on  the  third  of  June  1G21.  Such 
an  organization  as  an  aimed  military  trading  com- 
pany to  Africa  and  Virginia,  was  suggested  by 
William  Usselinx,  a  merchant  of  Antwerp,  in  lOuC, 
as  a  means  of  aiding  the  Guvernment  in  the  war  with 
Spain,  then  raging.  Some  preliminary  measures 
were  taken,  but  before  any  practicable  ones  could  be 
adopted,  the  truce  of  1G09  Wiis  agreed  upon  for  the 
term  of  twelve  years,  and  the  scheme  I'ell  to  the 
ground. 

The  charter  of  1621  was  not  put  into  immediate 
operation,  but  was  held  for  further  consideration 
and  discussion,  during  the  next  two  years.  Finally 
the  interests  of  all  parties  were  harmonized,  certain 
amplifications  and  amendments  were  fully  agreed 
upon,  and  were  embodied  in  an  "ordinance"  of  the 
States-General,  which  passed  the  seals  on  the  21st  of 
June  1G23,  containing  twelve  "Articles,"  and  which 
closes  in  the^c  words : — 

"  We  having  examined  Jind  considered  the  aforesaid 
articles,  and  being  desirous  to  promote  unity  and  con- 
cord between  the  directors  and  principal  adventurers, 
and  the  advancement  of  the  West  India  Company, 
have  with  the  advice  of  the  Prince  of  Orange,'^  thought 
fit  to  agree  to,  and  approve  of,  and  do  hereby  agree 


•  II.  N.  Y.  Hist.  Soo.  Coll.,  2il  Series,  320  ;  see  also  I.  Brodhead,  51, 
aixl  note  E.,  p.  7>'>4. 
3  Prince  M»uric«. 


to,  and  approve  thereof,  and  direct  that  the  same  shall 
be  punctually  attended  to  and  observed,  by  the  direc- 
tors, members,  and  every  person  concerned  therein, 
in  the  same  manner  as  if  they  were  inserted  in  the 
charter;  because  we  find  them  proper  for  the  service 
of  the  West  India  Company."  '' 

While  these  modifications  were  being  considered 
the  States-General  authorized  many  special  voyages 
to  New  Netherland,  each  under  a  special  license, 
which  also  contained  a  proviso  obliging  the  parties 
in  interest  to  return  with  their  ships  by  the  first  of 
July  1G22.  This  was  to  avoid  any  interference  with 
the  West,  India  Companj,  or  any  anticipation  of  the 
commencement  of  their  business.' 

Tlie  Charter  of  the  Dutch  West  India  Company 
was  modeled  after  that  of  the  Great  Dutch  East  India 
Company,  and  like  it  was  intended  to  promote  trade, 
colonization,  and  the  breaking  down  by  armed  Heets 
of  the  power  and  pride  of  the  kingdom  of  Spain. 

Both  were  armed  commercial  monopolies  with  most 
extensive  powers  and  enormous  capital.  Both  were 
established  on  the  basis  of  the  public  law  of  Holland, 
which  wa»  simply  the  "  Roman  Law,"  with  slight 
modifications.  And  both  were  supported  by  the 
assistance  and  strength  of  the  Government  of  the 
United  Provinces. 

The  West  India  Company's  Charier  consists  of  a 
preamble  and  forty-five  articles,  together  with  the 
preamble  and  twelve  articles  of  the  final  agreement 
of  the  21st  of  June  1G23  above-mentioned.  The 
central  power  of  this  vast  association,  as  O'Caliaghan 
states,  "  was  divided,  for  the  more  eflicient  exercise  of 
its  functions,  among  five  branches  or  chambers, 
established  in  the  dilferent  cities  of  the  Netherlands, 
the  managers  of  which  were  styled  '  Lords  Direct- 
ors.' Of  these,  that  of  Amsterdam  was  the  principal, 
and  to  this  was  intrusted  the  management  of  the 
affairs  of  New  Netherland.  The  general  sujiervisioii 
and  government  of  the  Company,  were,  however, 
lodged  in  a  board,  or  A.ssiinbly  of  Nineteen  delegates 
[briefly  termed  the  Assembly  of  XIX.] ;  eight  (changed 
to  nine  in  1629)  of  whom  were  from  the  Chamber  at 
Amsterdam;  four  from  Zealand;  two  from  Maeze; 
and  one  from  each  of  the  chambers  of  Friesland  and 
Groeningen  (forming  the  North  Department).  The 
nineteenth  was  ap[)ointed  [as  their  own  representa- 
tive] by  their  High  Mightinesses,  the  States  General 
of  the  United  Provinces." 

Apart  from  the  exclu.sive  trade  of  the  coast  of 
Africa,  from  the  tropic  of  Cancer  to  the  Cape  of  Good 
Hope,  and  of  the  coast  of  America,  from  the  Straits 
of  Magellan  to  the  extreme  North  [Terra  Nova  or 
Newfoundland],  this  Company  was  authorized  to  form 
alliances  with  the  chiefs  of  the  Indian  tribes,  and 
obligated  to  advance  the  settlement  of  their  posses- 
sions, encourage  population,  and  do  everything  that 


3  I.  O'Call.,  Appendix  "B,"  408, 
•  I.  Col,  Htat.  N.  Y.,  22-27. 


42 


HISTORY  OF  WESTCHESTER  COUNTY. 


might  promote  the  iiitcrestH  of  those  fertile  countries 
ami  incroase  trade. 

To  protect  its  commerce  and  dependencies,  the 
Company  was  empowered  to  erect  forts  and  fortifica- 
tions ;  to  administer  justice  and  preserve  order;  main- 
tain police,  and  exercise  the  government  generally  of 
its  transmarine  affairs  ;  declare  war  and  make  peace, 
with  the  consent  of  the  States-General ;  and,  with 
their  approbation,  appoint  a  Governor  or  Director- 
General,  and  all  other  officers,  civil,  military,  judicial, 
and  executive,  who  were  bound  to  swear  allegiance 
to  their  High  Mightinesses,  as  well  as  to  the  Company 
itself. 

The  Director-General  and  his  Council  were  invested 
with  all  j)owers  judicial,  legislative,  and  executive, 
subject,  some  supposed,  to  a]>peal  to  Holland;  but  the 
will  of  the  t,\impany,  expressed  in  their  instructions, 
or  declared  in  their  marine  or  military  ordinances, 
was  to  be  the  law  of  New  Nethcrland,  excepting  in 
cases  not  especially  jirovided  for,  when  the  Roman 
Law,  the  imperial  statutes  of  Obarlcs  V.,  tiie  edicts, 
resolutions,  and  customs  of  J'atria — Fatherland — 
were  to  be  received  as  the  paramount  rule  of  action.' 

"  The  States  General  engaged,  among  other  things, 
to  secure  to  the  Company  freedom  of  navigation  and 
traffic,  within  the  prescribed  limits,  and  to  assist  them 
with  a  million  of  guilders,  equal  to  nearly  half  a 
million  of  dollars;  iind  in  case  i)eace  should  be  dis- 
turbed, with  sixteen  vessels  of  war  and  four  yachts, 
i'nlly  armed  and  ecjuipped ;  the  former  to  be  at  least 
of  three  hundred,  and  the  latter  of  eighty,  tons  bur- 
then ;  but  these  vessels  were  to  be  maintained  at  the 
expense  of  the  Company,  which  was  to  furnish,  un- 
con<litionally,  sixteen  sbijis  and  fourteen  yachts,  of 
like  tonnage,  for  the  defence  of  trade  and  purposes  of 
war,  which,  with  all  murchant  vessels,  were  to  be 
eonnnanded  by  an  admiral  aiipoinled  and  instructed 
by  their  High  Mightinesses."'' 

Huch  were  the  great  and  extensive  powers  under 
which  New  York  was  colonized.  And  such  was  the 
basis  of  the  legal  system  under  which  civil  rule  and 
civil  law  was  first  established  within  its  borders;  and 
under  which  it  flourished  and  was  governed,  till  the 
close  of  the  Dutch  dominion,  a  period  of  more  than 
half  a  century. 

4. 

T/ic  Colonization  hij  the   West  India   Company. 

In  the  same  year,  1()2.3,  the  West  India  Company 
began  tiie  colonization  of  New  Nethcrland,  which 
was  then  erected  into  a  Province,  by  the  Htates- 
General  and  invested  with  the  armorial  bearings  of  a 
Count;''  the  shield  being,  argent,  a  pale  sable  charged 
with  three  crosses  saltire,  argent,  paleways;  tiie  crest 
a  Heaver  couchaut  proper.* 

1  t.  Q-Cnll.  Hint.,  89. 

■Ib.lU. 

»  I.  nro<l.,  HS  ;  I.  OTiiU.,  IW. 

*  I'lii'si'  iirjiis.  III  10,'i4,  aiiiit'ur  on  tlie  flret  sonl  of  tlii."  I'lovliicc,  wlilcli 


To  the  Chamber  of  Amsterdam  was  committed  its 
direction  aiul  management.  That  body  despatched 
the  first  expedition  in  March,  1G23,  under  Cornells 
Jacobsen  May  * — from  whom  the  northern  cape  at  the 
mouth  of  the  Delaware  is  named — as  the  first  Direc- 
tor-General of  New  Netherland.  It  consisted  of  the 
ship  "New  Nethcrland"  of  2G(>  tons  burthen,  with  a 
cargo  of  supjjlies  and  tools,  and  thirty  families  of 
colonists,  who  were  Protestant  Walloons.  These  Wal- 
loons were  the  in  i.ibitants  of  the  frontier  between 
France,  and  Flanders,  from  the  river  Scheldt  to  the 
river  Lys,  their  Iriiiguage  was  the  old  French,  and 
their  religion  the  Reformed  Faith  of  the  Huguenots. 
As-iociated  with  this  expedition,  as  the  captain  of  the 
ship,  was  Adrian  Joris,  who  had  made  several  prior 
voyages  to  the  coast  of  America,  altlunigh  he  is  some- 
times erroneously  styled  "Director.""  After  a  two 
months'  voyage  by  way  of  the  Canaries  and  the  West 
Indies  May  and  his  colonists  arrived  in  the  bay  of 
New  York.  He  divided  the  Walloons  into  several 
parties,  sending  some  to  Albany,  some  to  the  Del- 
aware, some  to  Hartford,  some  to  Staten  Island,  some 
to  Long  Island — where  the  name  of  the  Wullabout 
buy  still  denotes  the  place  of  their  settlement — and 
retained  others  on  the  island  of  Manhattan,  Thus 
began  the  rciil  colonization  of  New  Nethcrland,  a 
region  out  of  \\hich  was  to  be  formed  four  of  tiie 
Middle  States  and  one  of  the  New  England  States  of 
the  American  Union.  The  lirst  colonists  of  this 
region  spoke  no  English,  and  knew  no  English  law, 
and  they  were  brought  here  by  the  nation  which  first 
discovered  and  occupied  the  land,'  a  nation  likewise 
ignorantof  English  law  and  of  the  English  tongue.  The 
Ronnin  law,  with  a  few  ISatavian  customs  engrafted 
upon  it,  wius  the  first  legal  system  established  in  the 
entire  region,  and  it  not  only  governed  the  foundation 
of  European  rule  and  civilization  in  New  Netherlaud, 
but  maintained  their  continuous  existence  there,  for 
half  a  century ;  and  even  then  only  yielded  to  another 
tongue  and  another  legal  system  by  the  force  of  arms. 

May  ailniini:Ufied  the  affairs  of  the  new  colony 
ab(mt  a  year,  and  was  succeeded  by  William  Vcrhulst 
as  second  Director-(ieneral,  whose  administration 
likewise  continwcd  only  a  year,  when  he  resigned  and 
returned  to  Holland.  It  was  marked  liowever  by  the 
arrival  and  introduction  of  the  first  wheeled  vehicles 
and  first  domestic  aiiinials  into  this  State.  Fetei 
Evcrtsen  Ilnlst,  a  merchant,  and  a  director  of  the 
,\mstcrdaiii  Chamber,  despatched  to  "The  Mun- 
hadoes"  three  ships  of  280  tons  each,  at  liis  own 
expense  and  risk,  in  Ai)ril  1G25,  with  supplies,  tools, 

In  those  iliiys  wiia  iiIbd  the  wi-l  uf  "  New  .\mHtt>r\)iini,"  Hiiniiitiintoil 
li.v  11  nmntlH  Imvlnu  in  »«  I'MiIro  tin'  Ictti'n.  (!.  W,  C,  tlio  liiltliiU  u( 
"tieiK'trciji'iMli'  Went  Inili«'lii>('onii>«Kiil(',"  llio  Diitcli  a|i|wlliUiiiiiof  tlii> 
West  Iii.llii('..iii|Mny.  — III.  IKk-.  Hist  ,  31)0. 

S  WiweimiT,  HI.  Voc.  Ill«t.,4;l. 

«1.  nr.ll.,  i.-.o. 

'  Ciilmt,  wlnw  vovaffo  nloiiK  tho  roast  of  North  Amerlrn  wng  tlie 
lmHl!4  of  tho  KtifcUsli  rliitni  to  Ni>\v  Nutlirrtiiiid,  iit>vi>i-  l(in<1e<l  U|>ou  iiur 
took  puasi'Mtuii  uf  liiiy  imrt  of  it  fur  llio  King  uf  Kngliiiiil, 


TIIR   ORIGIN  AND  HISTORY  OF  THE   MANORS. 


43 


ami  wagonu,  and  ono  hundred  and  three  head  of 
Hiiimiil:),  oonsiMting  of  Htalliona,  mareH,  bullH,  cowh, 
Bvvine  and  sheep ;  "  each  beaut,"  Hays  Wassenaer,  in 
his  account  of  the  voyage,  "  had  its  own  separate 
stall,"  arranged  on  a  Huoring  of  sand  three  feet  deep, 
which  was  laid  H|M)n  a  deck  specially  constructed  in 
tlie  vessel,  beneath  which  were  stowed  300  tuns  (casks) 
of  water.  Only  two  beasts  died  at  sea.  The  rest  on 
arriving  were  landed  on  "Noten,"  now  Governor's, 
Island,  then  covered  by  a  d'jnse  forest  of  nut  trees, 
so  thick  that  the  pasturiige  was  insullicient,  and  two 
d-.iys  later  nil  the  uniinuls  were  transferred  to  Man- 
hattan Island  where  they  throve  well.  These  ships 
also  brought  six  more  families  of  Walloons,  and  a  few 
single  people,  forty-five  persons  in  all.' 

To  Verhulst  succeeded,  an  third  Director-General, 
Peter  Minuit,  of  Wescl,  in  Westphalia,  who  was  of 
French  JIuj;uunot  origin.  He  sailed  from  the  Tcxel 
on  the  ninth  of  January,  1C2G,  in  the  ship  Sea-Mew, 
and  reached  "  the  Manhadoes  "  on  tlie  fourth  of  the 
succeeding  May. 

The  second  and  third  articles  of  the  Charter  of  the 
West  India  Company  conferred  upon  it  the  power  of 
appointing  the  Directors-General,  and  other  olticera, 
of  all  colonies  it  might  establish.  The  Amsterdam 
Chamber,  to  which  had  been  commiited  the  care  of 
New  Netherland,  uniler  these  powers  proceeded  to 
organize  the  iirst  civil  government  in  the  new  Prov- 
ince. The  grant  in  the  Wist  India  Company's 
charter  is  very  extensive.  The  operative  words  are, 
"and  also  build  any  forts  and  forlitications  tliere,  to 
appoint  and  discharge  governors,  people  for  war,  and 
officers  of  justice,  and  other  public  officers,  for  the 
])reacrvation  of  the  places,  keeping  good  order,  police, 
and  justice,  and  in  like  manner  for  the  promoting  of 
trade;  and  again  others  in  their  place  to  put,  as  they, 
from  the  situation  of  their  affairs  shall  see  tit." 

By  virtue  of  these  powers,  and  of  the  vote  of  the 
Coaii)any  placing  New  Netherland  under  its  sole 
control  and  mamigement.  the  Aujuterdam  Chamber  of 
the  Company  api)ointed  Peter  Minuit  Director- 
General,  and  the  following  persons  as  liis  council, 
viz.,  Peter  Hylvelt,  .lacob  Klhertsen  Wissinek,  .Ian 
Jansen  Urouwer,  Synon  Dirksen  I'os  and  Ueynert 
llarmensen.  To  these  were  added  Isaac  de  Kasieres 
as  Provincial  Secretary,  and  .Ian  Lampo  as  "8chout- 
Fiscaal,"  (pronouncfd  as  [f  spdlfd  "Slowl"),  who 
was  an  executive  otlieer,  cond)ining  the  powers  of  a 
slu'ritf  and  an  attorney-general.  Tlicse  formed  the 
first  organized  civil  government  in  what  is  now  tliis 
Slate  of  New  York — and  collectively  were  styled  "The 
Director-General  and  Council  of  New  Netherland." 
The  Schout-Klscaal  was  entitled  to  sit  with  the  Coun- 
cil but  ha<l  no  vote.  The  Secretary  was  the  officer 
next  in  importance  to  the  Director,  and  was  also 
"  Opper-koopman,"  or  book-keeper  and  treasurer. 

This  Council  had  supreme  executive  and  legisliitivo 

>  III.  I)oc.  UUt.  N.  T.,  41-43. 


authority  in  the  colony.  It  waa  also  the  sole  tribunal 
for  the  trial  of  all  civil  and  criminal  cases,  and  all 
prosecutions  before  it  were  instituted  and  conducted 
by  the  Schont-Fiscaal.  In  taking  informations,  he 
was  bound  to  note  as  well  those  points  which  made 
for  the  prisoner  as  well  as  those  against  him,  as  the 
lloman  law  provides,  and  alter  trial  to  see  that  the 
sentence  was  lawfully  executed.  He  was  also  chief 
custom-house  officer  and  had  power  to  inspect  vessels 
and  their  cargoes,  sign  their  pa|)ers,  and  confiscate  all 
goods  introduced  in  violation  of  the  Company's  regu- 
lations. This  most  responsible  of  all  the  olficcs  in  the 
new  government  was  held  during  Director  Miiuiit'-< 
entire  administration  by  the  above-named  Jan  Lampo 
who  waa  a  native  of  Cantelberg.  It  should  be  stated 
also,  that  when  the  Schout-Fiscaal  acted  as  prosecut- 
ing ofiicer  he  retired  from  the  bench.  It  will  be  seen 
that  this  Conncil  acted  in  a  twofold  capacity,  as  an 
Kxecutive  Council,  and  as  a  Court  of  Justice.  When, 
later,  inferior  tribunals  were  established,  its  members 
were  not  amenable  to  them.  On  extraordinaiy 
occasions  it  was  usual  to  adjoin  some  of  the  principal 
inhabitants,  or  Public  Servants,  pro  line  riir,  to  the 
Council  by  its  own  vote,  who  then  had  an  cijual  voice 
in  the  decision  of  the  nnitter  in  (piestion.'^ 

Such  was  the  nature  of  the  body  by  which  execu- 
tive, legislative,  and  judicial  authority  waa  exercised, 
not  only  on  Manhattan  Island,  and  in  the  C.)unty  of 
Westi'hester,  but  in  all  ])arls  of  ,\ew  Netherland. 

'Ihe  new  governnu'nt  began  vigorously.  The 
Governor  and  Council  (Irat  laid  out  and  commenced 
the  erection  of  n  regular  fortification  on  the  extreme 
southern  point  of  Manhattan  Island.  The  engineer 
was  Ivrijn  Frcderickje,  and  it  was  begun  in  H>2(>,  was 
not  finished  in  July  \(i->7,  as  de  Kasieres  tells  us,  but 
was  probably  completed  at  the  end  of  1(>27.  Its  |)red- 
eeessor,  though  called  a  fort,  was  simply  a  stock- 
aded trading  house.  This,  however,  was  a  regular 
work  of  four  i)astions,  entirely  faced  with  stone.''    . 

Isuac  de  Rasieres,  the  writer  of  the  letter  mentioned, 
nrrived  in  the  ship  "  Arms  of  .Vnisterdam  "  on 
July '27th,  itiiii.  He  wasallugu.Miot  Wiilloi)ii,anaireMt 
of  lilonimaert  an  Am-.i,cnlam  merchant,  and  a  mem- 
ber of  the  West  India  Company,  to  whom  his  letter 
is  addressed.  Ho  was  nnulo  by  Minuit  Proviiuial 
Secretary,  and  as  such,  opened  a  correspondence  with 
Guv.  Ihadford  of  Plymouth,  for  a  friendly  trade, 
visited  that  celebrated  |dace,  as  a  New  Netherland 
envoy  in  l(i27,  and  liiis  lett  us  an  account  of  it  in 
this  letter,  discovered  at  the  Hague  in  lH4(i,  and 
first  printed  in  II.  N.  Y.  Hist.  Sou.  Coll.,  2  Series, 

On  the  28d  of  September,  H)2(].  this  ship,  the 
"  Arms  of  Amsterdam,"  sailed  again  on  her  return 
voyage  to  Holland,  with  a  very  valuable  cargo  of  Inrs, 


»  I.  OTiill.,  101  ;  N.  Nottiorlniid  RcKlntiT,  2. 

'  Wiuwimci,  111.  Hoc.  Illat.  N.  V.,  17  ;  Hnnnioml'ii  Emly  ColoultMUoii 
of  N.  Nutliirliihil,  11.  N.  V.  Hint.  loU.,  2il  Surlue,  [iii.  aUil-ilUB, 


44 


HISTORY  OF  WESTCHESTER  COUNTY. 


She  alsf  carried  out  the  official  account  of  the  most 
iinpor'^ant  event  that  had  yet  happened  in  New 
Netherland,  the  result  of  a  treaty  held  by  Director 
Minuit  and  his  Council  with  the  natives  of  Man- 
hattan, the  first  ever  held  by  the  Dutch  with  the 
Indians  in  America.  This  event  was  the  purchase  of 
the  Island  of  Manhattan  by  the  West  India  Com- 
pany, which  is  the  foundation  of  title  to  all  the  real 
estate  on  the  Island  of  New  York,  and  by  which  the 
city  holds  all  the  land  that  it  still  possesses  at  this 
day,  south  of  the  Harlem  Eiver.  She  had  a  compara- 
tively rapid  passage,  reaching  Amsterdam  on  the 
fourth  of  November  following,  a  little  over  six  weeks. 
The  very  next  day,  the  delegate  of  the  States- 
General  in  the  "Assembly  of  the  XIX.,"  then  in 
session,  advised  that  august  body  of  the  arrival,  and 
the  news,  by  letter.  Unfortunately  Minuit's  official 
despatch  has  not  been  preserved,  but  the  letter  of 
Pieter  Schagen,  the  States-General's  representative, 
is  still  in  the  Royal  Archives  at  the  Hague,  and 
proves  the  fact.    It  is,  in  full,  as  follows; — 

"  High  and  Mighty  Lords : — Yesterday  arrived  here 
the  ship  'the  Arras  of  Amsterdam,'  which  sailed 
from  New  Netherland  out  of  the  River  Mauritius,'  on 
the  23d  of  September.  They  report  that  our  people 
are  in  good  heart  and  live  in  peace  there ;  the  Women 
have  also  borne  some  children  there.  They  have 
purchased  the  Island  Manhattes  from  the  Indians  for 
the  value  of  60  guilders ;  'tis  11,000  morgens  in  size.- 
They  had  all  their  grain  sown  by  the  middle  of  May, 
and  reaped  by  the  middle  of  August.  They  send 
thence  samples  of  summer  grain  ;  such  a.s  wheat,  rye, 
barley,  oats,  buckwheat,  canary  seed,  beans,  and  flax. 
The  cargo  of  said  ship  is ; — 

7,246  Beaver  skins. 

178i  Otter  skins. 

676  Otter  skins. 

48  Minck  skins. 

36  Wild  cat  skins. 

33  Minckes. 

34  Rat  skins. 
Considerable  oak  timber  and  hickory. 

Herewith,  High  and  Mighty  Lords,  be  recom- 
mended to  the  mercy  of  the  Almighty. 

In  Amsterdam,  the  5th  of  November  A.  D.  1626. 
Your  High  Mightinesses  obedient, 

P.  Schagen." 

It  is  endorsed,  "  Received  7th  November,  1626." 

This  action  of  Director-General  Minuit  and  the 
Council  of  New  Netherland  marks  the  beginning  of 
the  policy  of  the  Dutch  nation  in  its  treatment  of  the 
Indians  of  America  in  the  matter  of  their  lands,  and 
also  ita  Christian  character.  This  policy  and  all  the 
dealings  with  the  natives  pursuant  to  it  was  based  on 

>  The  Dutch  m  named  the  Hiidioi]  after  Maurice,  the  then  Prince  of 
Orange. 

•  A  morgen,  or  Dutch  acre,  wiu  two  Engliah  acres;  "  CO  guilders  "  was 
24  dulliiia  of  our  money. 


the  principle,  that  the  Indians  were  the  lawful  pro- 
prietors of  their  native  land  by  original  right  of  occu- 
pancy, and  that  it  could  only  be  alienated  by  their 
own  act,  and  not  taken  from  them  by  right  of  con- 
quest, or  by  rapine.  Of  no  other  of  the  nations  of 
Europe  which  colonized  America,  except  the  Dutch, 
can  it  be  truly  said  that  this  wise  and  Chiistian 
principle  always  governed  them  in  their  dealings 
with  the  Indians.  Much  has  been  written  about 
William  Penn  as  being  the  first  to  purchase  their 
lands  by  treating  with  them.  But  Director  Minuit  on 
the  bunks  of  the  Hudson  preceded  him  in  this  honor- 
able and  Christian  treatment  of  the  Indinns  by  more 
than  half  a  century.  And  the  same  policy  and  treat- 
ment wfis  ever  continued  during  the  whole  period  of 
the  Dutch  possession  of  the  Province  of  New  Nether- 
land. 

At  the  date  of  the  purchase  the  Indian  population 
of  Manhattan  Island  is  said  by  some  writers  to  have 
been  200,  men,  women,  and  children,  and  by  none 
has  it  been  put  at  more  than  300.  The  numbers  of 
the  Dutch,  we  know,  were  only  270.'  So  that  the 
population  on  each  side  could  not  have  been  far  from 
equal.  A  fact  that  speaks  well  for  those  early  Dutch 
people,  for  from  the  discovery  up  to  1626  their  pos- 
session of  the  island  was  only  by  the  suflerance  of 
the  Indians,  and  during  that  whole  time  there  was 
never  a  contest  or  a  quarrel  between  them  and  the 
savages. 

The  price  paid  for  the  Island  was  a  fair  one,  for  the 
time,  age,  and  place,  for  it  was  nothing  but  a  little 
wild  island  on  a  coast  almost  unknown,  of  a  continent 
entirely  unknown.  It  was  but  one  of  hundreds  and 
hundreds  of  small  islands  lying  all  along  the  Western 
shores  of  the  Atlantic  Ocean,  with  nothing  to  show 
it  had  any  value  at  all  except  the  prior  occui)ation 
of  one  end  of  it  as  a  trading  post  by  the  Dutch. 
And  many  of  those  same  little  islands  in  as  out-of- 
the-way  places,  may  be  purchased  to-dny  for  a  price 
almost  as  low. 

De  Laet  in  his  history  of  the  West  India  Com- 
pany gives  a  table  of  the  annual  exports  and  imports 
from,  and  into.  New  Netherland,  from  1624  to  U\'i'), 
from  which  it  appears,  that  in  1626,  the  year  of  the 
purchase,  but  two  ships  came  to,  and  went  from,  New 
Amsterdam,  and  that  the  value  of  tlie  imports  (sup- 
plies and  goods)  was  20,384  guilders,  about  8,500  dol- 
lars, and  that  of  the  exports  (furs  and  timber)  were 
45,050  guilders,  about  14,000  dollars.* 

It  was  simply  as  a  station  to  collect  furs  from  the 
Indians  that  Manh.ittan  Island  then  had  any  value 
whatever.  Such  was  the  beginning  of  that  "Prov- 
ince of  New  Netherland"  in  the  year  1623,  which 
262  years  later,  in  1885,  is  the  State  and  City  of  New 
York,  the  former  with  5,000,000  of  inliabitants,  the 
latter  with  1,250,000  people.    And  the  island  that  waa 


>  Wnmenacr,  III.  Doc.  Hlat.  N.  Y.,  47. 

«De  Liiet,  1.  N.  Y.  lllsl.  Cell.,  id  nurk-s,  385.     1.  O'CuU.,  104. 


THE  ORIGIN  AND  HISTORY  OF   THE  MANORS. 


45 


then  bought  for  24  dollars,  now  has  a  value  8o  high  up 
in  the  millions  of  dollars,  that  the  mind  with  difficulty 
can  take  it  in ;  while  the  city  built  upon  it,  is  the 
third  in  importance,  size,  and  wealth  in  the  civilized 
world,  and  the  chiefest  in  the  western  hemisphere. 

The  Walloons  had  moved  in  the  matter  of  leaving 
Holland  for  America  in  the  year  1621,  two  years  be- 
fore the  thirty  families  came  out  under  Director  May 
as  mentioned  above.  They  applied  to  Sir  Dudley 
Carleton,  British  Ambassador  at  the  Hague,  to  know, 
whether  the  King  of  England,  James  the  First,  would 
permit  them  "to  settle  in  Virginia,"  in  accordance 
with  a  petition  setting  forth  the  terms  and  conditions 
under  which  they  desired  to  undertake  the  enterprise. 
This  Petition  of  fifty-six  heads  of  families,  Walloon, 
and  French,  all  of  the  Reformed  Religion  was  pre- 
sented to,  and  left,  with  Carleton,  who  sent  it  to  Eng- 
1  ind,  enclosed  in  a  letter  of  his  own  favoring  its 
object,  dated  the  19th  of  July,  1621.  Accompanying 
the  petition  was  a  written  covenant  in  these  words ; — 
"  We  promise  his  Lordship  the  ambassador  of  the 
most  serene  king  of  Great  Britain,  that  we  will  go  to 
settle  in  Virginia,  a  ,)art  of  his  Majesty's  dominions, 
at  the  earliest  time  practicable,  and  this  under  the 
conditions  set  forth  in  the  articles  we  have  communi- 
cated to  his  said  lordship  the  ambassador,  and  not 
otherwise." 

This  paper  bore  the  signatures  of  iill  the  petitioners, 
attached  in  the  form  of  a  round-robin  the  centre  of 
which  was  the  above  covenant;  and  it  showed,  be- 
sides the  names  of  the  signers,  their  occupations,  and 
the  number  of  the  children  of  each.  Among  the 
names  are  those  well  known  in  New  Amsterdam  from 
that  day  to  this,  as  De  Forest,  De  La  Montague,  Lam- 
bert, Le  Roy,  Du  Puy,  and  others,  as  good,  honest, 
upright  people.  The  Lords  in  Council  referred  the 
application  to  the  Virginia  Company,  who  received  it 
very  coldly,  suggested  a  few  modifications  and  de- 
clined any  assistance,  in  money  or  in  transportation. 
This  ended  the  matter  with  the  English,  and  these 
"Walloons  as  well  iis  French,"  afterwards  made  ar- 
rangements with  the  West  India  Company  to  go  to 
New  Netherland,  which  were  carried  out  under  May 
in  162.3  as  mentioned  before. 

This  petition  to  the  British  King  contained  seven 
articles  specifying  in  detail,  the  conditions  and  terms 
under  which,  these  first  colonists  desired  to  enter  upon 
the  work  of  colonization,  and  is  therefore  of  the  great- 
est value  as  acquainting  us,  beyond  cavil,  with  the 
views  and  ideas  of  those  who  actually  did  begin  that 
work  in  wh.at  is  now  the  City  and  State  of  New  York.' 

In  this  document  api)ear8  the  very  earliest  mention 
of  the  land  tenure  which  the  first  colonists  of  New 
York  desired  and  asked  for.  It  was  that  with  which 
they  were  familiar,  and  which  they  fully  understood. 


'ThU  prtltlou  la  given  at  Icingtli,  with  im  on(fmvln(?of  the  "  roiinil 
loliin"  itnil  its  sigimtuies,  In  the  VHlimlila  "lllatory  iif  thi!  IlnKiicncit 
Kinlgmtiun,"  by  the  Kov.  Dr.  C.  W.  Dulid,  vol,  I.  p.  ISSJiist  imbllsheil. 


and  under  which  they  had  always  lived,  and  was 
based  on  fealty,  homage,  and  manorial  rights,  as  fixed 
by  the  Roman  law,  with  which  alone  they  were  ac- 
quainted, and  which  under  the  West  India  Company 
was  established  as  the  law  of  New  Netherland,  and 
governed  it  till  its  conquest  by  the  English  in  1664. 
The  articles  of  this  "petition"  numbers  five  and  six, 
are  in  these  words  (The  whole  is  in  French,  and 
this  is  the  translation) : 

"VI.  Whether  he  (His  Britannic  Majesty)  would 
"grant  them  a  township  or  territory,  in  a  radius  of 
"eight  English  miles,  or  say,  sixteen  miles  in  diameter, 
"  which  they  might  improve  as  fields,  meadows,  vine-v 
"yards,  and  for  other  uses;  which  territory  whether 
"conjointly  or  severally,  they  would  hold  from  his 
"  Majesty  upon  fealty  and  homage ;  no  others  being 
"allowed  to  dwell  within  the  bounds  of  the  said 
"  lands,  unless  they  shall  have  taken  letters  of  citi- 
"zenship;  in  which  territory  they  would  reserve  to 
"themselves  inferior  manorial  rights;  and  whether  it 
"  might  be  permitted  to  those  of  their  number  who 
"are  entitled  to  maintain  the  rank  of  noblemen,  to 
"  declare  themselves  such. 

"  VII,  Whether  they  would  be  permitted  in  the 
"said  lands  to  hunt  all  game  whether  furred  or 
"  feathered,  to  fish  in  the  sea  and  the  rivers,  to  cut 
"heavy  timber,  as  well  for  ship  building  as  for  com- 
"  merce,  at  their  own  will;  in  a  word,  whether  they 
"could  make  use  of  all  things  either  above  or  beneath 
"  the  ground,  at  their  own  pleasure  and  will,  the  royal 
"  rights  reserved  ;  and  whether  they  could  disjmse  of 
"  all  things  in  trade  with  such  persons  as  may  be  per- 
"  mitted  them. 

"  Which  provisions  would  extend  only  to  said 
"families  and  those  belonging  to  them,  without  ad- 
"  mitting  those  who  might  come  afterwards  to  the  said 
"territory  to  avail  themselves  of  the  same  except  so 
"far  as  they  might  of  their  own  power,  grant  this  to 
"  them,  and  not  beyond,  unless  his  said  Majesty  should 
"  make  a  new  grant  to  them." 

Such  were  the  clear,  undeniable  wishes  and  desires, 
expressed  in  their  own  words,  by  those  men  who 
began  the  actual  settlement  of  the  region  now  known 
as  New  York,  and  which  they  did  carry  out,  a  little 
modified,  by  the  Dutch  system  and  rule. 

The  West  India  Company  by  its  charter  was  bound 
to  take  measures  for  the  increase  of  the  population 
of  its  new  Province,  and  the  development  of  its  agri- 
cultural resources.  It  found  this  a  difiicult  duty  to 
perforin,  mainly  in  consequence  of  two  causes.  The 
first  was,  the  extreme  profit  of  the  fur  trade  which 
absorbed  the  general  attention.  The  second  was,  that 
the  farmers  and  laborers  of  Holland  knew  that  they 
could  do  well  enough  at  home.  This  fact  is  thus  stated 
in  a  report  of  the  Assembly  of  XIX.  to  the  States 
General  in  1629,  referring  to  the  effect  of  a  proposed 
truce  with  Spain,  upon  the  interests  of  New  Netherland, 


46 


HISTORY  OF  WESTCHESTER  COUNTY. 


"  Moreover  the  colonizing  sucli  wild  and  uncul- 
tivated countries,  demands  more  inhabitants  than  we 
can  well  supply  ;  not  so  much  through  lack  of  popu- 
lation, in  which  our  provinces  abound,  aa  from  the 
fact,  that  all  who  are  inclined  to  do  any  sort  of  work 
here,  procure  enough  to  eat  without  any  trouble ;  and 
are,  therefore,  unwilling  to  go  far  from  home  on  an 
uncertainty." ' 

This  subject  had  engaged  the  attention  of  the  Com- 
pany, and  of  the  Chamber  of  Amsterdam  especially, 
in  1627  and  1628.  After  much  discussion,  mid  long 
deliberations,  it  was  finally  determined  in  the  Assem- 
bly of  the  XIX.  that  a  plan  should  be  prepared  giv- 
ing special  privileges,  powers,  and  exemptions,  to 
such  members  of  the  Company  who  would,  at  their 
own  expense  and  risk,  send  out  expeditions,  and  estab- 
lish separate  and  distinct  plantations  in  any  part  of 
New  Netherland,  Manhattan  Island  excepted.  The 
details  were  slowly  and  carefully  determined,  and  not 
till  the  seventh  of  June,  1629,  was  the  plan  finally 
approved  and  adopted  by  the  Assembly  of  XIX.,  and 
ratified  and  confirmed  by  their  High  Mightinesses  the 
States-General. 

This  plan,  or  charter,  as  it  sometimes  styled,  was 
entitled : — 

"  FREEDOMS  AND  EXEMPTIONS. 

GKANTED  BY  THE  AS8EMHI.Y  OF  THE  XIX.  OF  THE 

PRIVILEGED  WEST   INDIA  COMPANY,  TO  ALL 

SrCH   AS.  SHALL    PLANT  ANY  COLONIES 

IN  NEW  r       il."_AND." 

It  consisted  of  thirty-one  articles,  and  was  printed 
in  a  small  quarto  ])am])hlet  offour  or  six  pages  and 
distributed  throughout  the  United  Provinces  in  1630. 
Only  three  or  four  copies  of  this  pamphlet  are  now 
known  to  exist,  and  it  is  so  rare  that  within  ten  years 
a  distinguished  New  York  antiquarian  reprinted  it  in 
fac-simile. 

As  it  is  the  first  instrument  under  which  lands  in 
the  States  of  New  York,  New  Jersey,  Pennsylvania 
and  Delaware,  and  Connecticut,  were  acquired,  and 
on  which  titles  rest,  it  is  here  given  in  full  from  the 
translation  made  by  the  late  eminent  historian  of 
New  Netherland.  Dr.  Edmund  B.  O'Callatrhan,  for 
his  own  grent  work,  the  "  History  of  New  Netherland  ; 
or.  New  York  under  the  Dutch,"  first  published  in  1846- 

"FREEDOMS  AND   EXEMPTIONS. 

GRANTED  BY  THE  ASSEMBLY  OF  THE  XIX.  OF  THE 

PRIVILEGED  WEST    INDIA  COMPANY,  TO  ALL 

SUCH   AS  SHALL  PLANT  ANY  COLONIES 

IN  NEW   NETHERLAND: 

"  I.  Such  members  of  the  said  Company  as  may  be 
inclined  to  settle  any  colonic'''  in  New  Netherland, 

1 1.  Col.  Hist.  N.  Y.,  30  ;  Ibid.,  M. 

^ThiRwonl  "colonie,"  pronounced  in  Dutch  with  t)io  Recent  on  the 
liiHt  two  lettera,  docs  not  nieun  *'  colony"  In  the  KnKllHh  senno,  Init  niennii 
a  nlnntHtlon,  or  sottlcntpnt,  ftnd  Includps  peopio,  cuttle,  toola,  stock  of  all 
kiudt,  m  ncU  aa  tUu  luuds  on  which  all  were  to  he  placed.    • 


shall  be  permitted  to  send  in  the  ships  of  this  Com- 
I)any  going  thither,  three  of  four  persons  to  inspect 
the  situation  of  the  country,  provided  that  they,  with 
the  officers  and  ships  company,  swear  to  the  articles, 
so  far  as  they  relate  to  them,  and  pay  for  provisions 
and  for  passage,  going  and  coming,  six  stuyvers  per 
diem ;  and  such  as  desire  to  eat  in  the  cabin  twelve 
stuyvers,  and  to  be  subordinate,  and  give  assistance 
like  the  others,  in  eases  offensive  and  defensive ;  and 
if  any  ships  be  taken  from  the  enemy,  they  shall  re- 
ceive pro  rata,  their  proportions  with  the  ships  com- 
pany, each  according  to  his  quality ;  that  is  to  say, 
the  colonists  eating  out  of  the  cabin  shall  be  rated 
with  the  sailors,  and  those  who  eat  in  the  cabin  with 
those  of  the  company's  men  who  eat  at  table  and  re- 
ceive the  lowest  wages. 

"  II.  Though,  in  this  respect,  shall  be  preferred 
such  persons  as  have  first  appeared  and  desired  the 
same  from  the  Company. 

"  III.  All  such  shall  be  acknowledged  Patroons  of 
New  Netherland,  who  shall,  within  the  space  of  four 
years  next  after  they  have  given  notice  to  any  of  the 
chambers  of  the  company  here,  or  to  the  Commander 
or  the  Council  there,  undertake  to  plant  a  colonic 
there  of  fifty  souls,  upwards  of  fifteen  years  old  ;  one- 
fourth  part  within  one  year,  and  within  three  years 
after  the  sending  of  the  first,  making  together  four 
years,  the  remainder,  to  the  full  number  of  fifty  per- 
sons, to  be  shipped  from  hence,  on  pain,  in  case  of 
wilful  neglect  of  being  depriveil  of  the  privileges  ob- 
tained ;  but  it  is  to  be  observed  thai  the  company 
reserve  the  island  of  the  Manhattes  to  themselves. 

"IV.  They  shall,  fron  he  time  they  make  known 
the  situation  of  the  places  where  they  proposed  to  set- 
tle colonies,  have  the  preference  to  all  others  of  the 
absolute  property  of  such  lands  as  they  have  chosen  ; 
but  in  case  the  situation  should  not  afterwards  please 
them,  or  they  should  have  been  mistaken  as  to  the 
quality  of  the  land,  they  may,  after  remonstrating 
concerning  the  same  to  the  Commander  and  Councfl 
there,  be  at  liberty  to  choose  another  place. 

"V.  The  Patroons,  by  virtue  of  their  power,  shall 
and  may  be  permitted,  at  such  places  as  they  shall 
settle  their  colonies,  to  extend  their  limits  four  miles 
along  the  shore,  that  is,  on  one  side  of  a  navigable 
river,  or  two  miles'  on  each  side  of  a  river,  and  so  far 
into  the  country  as  the  situation  of  the  occupiers  will 
permit;  provided  and  conditioned  that  the  company 
keep  to  themselves  the  lands  lying  and  remaining  be- 
tween the  limits  of  the  colonies,  to  dispose  thereof, 
when,  and  at  such  time,  a.sthey  shall  think  jiroper,  in 
such  manner  that  no  person  shull  be  allowed  to  come 
within  seven  or  eight  miles*  of  them  without  their 
consent,  unless  the  situation  of  the  land  thereabout 

8  Thew  are  Dutch  n>llep,  one  of  which  In  equal  to  four  EnglUh  ouea. 
<  Tweut}' .eight  or  thlrt^'-twu  EugUsb  luUua.^ 


THE  ORIGIN  AND   HISTORY   OF  THE   MANORS. 


47 


were  audi,  that  the  Commander  and  Council  for  good 
reasons,  should  order  otherwise;  always  observing 
that  the  first  occupiers  are  not  to  be  prejudiced  in  the 
right  they  have  obtained,  other  than,  unless  the  ser- 
vice of  the  Company  should  require  it,  for  the  build- 
ing of  fortifications,  or  something  of  that  sort;  re- 
maining, moreover  the  command  of  each  bay,  river, 
or  island,  of  the  first  settled  colonic,  under  the  su- 
preme jurisdiction  of  their  High  Mightinesses  the 
States-General,  and  the  company;  but  that  on  the 
next  colonies  being  settled  on  the  same  river  or  island, 
they  may,  in  conjunction  with  the  first,  appoint  one 
or  more  council,  in  order  to  consider  what  nniy  be  ne 
cessary  for  the  prosperity  of  the  colonies  on  the  said 
river  and  island. 

"  VI.  They  shall  forever  possess  and  enjoy  all  the 
lands  lying  within  the  aforesaid  limits,  together  with 
the  fruits,  rights,  minerals,  rivers  and  fountains  there- 
of; as  also  the  chief  command  and  lower  jurisdic- 
tions,' fishing,  fowling,  and  grinding,  to  the  exclusion 
of  all  others,  to  be  holden  from  the  company  as  a  per- 
petual inheritance,  without  it  ever  devolving  again  to 
the  Company,  and  in  case  it  should  devolve,  to  be  re- 
deemed and  repossessed  with  twenty  guilders  per 
colonic,  to  be  paid  to  this  Company,  at  the  chamber 
here,  or  to  their  Commander  there,  within  a  year  and 
six  weeka  after  the  same  occur,  each  at  the  cham')er 
where  he  originally  sailed  from  ;  and  further,  no  per- 
son, or  persons,  whatsoever,  shall  be  privileged  to  fish 
and  hunt  but  the  Patroons  and  such  as  they  shall  per- 
mit ;  and  in  case  any  one  should  in  time  prosper  so 
much  as  to  found  one  or  more  cities,  he  shall  have 
power  and  authority  to  establish  oflicers  and  magis- 
trates there,  and  to  make  use  of  the  title  of  his  colo- 
nic according  to  his  pleasure  and  the  quality  of  the 
persons. 

"  VII.  There  shall  likewise  be  granted  to  all  Pa- 
troons who  shall  desire  the  same,  venia  testandi,  or 
liberty  to  dispose  of  their  aforesaid  heritage  by  testa- 
ment. 

"VIII.  The  Patroons  may,  if  they  tliink  proper, 
make  use  of  all  lands,  rivers,  and  woods,  lying  con- 
tiguous to  them,  for  and  during  so  long  a  time  as  this 
company  shall  not  grant  them  to  other  Patroons  or 
particular  individiyils. 

"IX.  Those  who  shall  send  persons  over  to  settle 
colonies  shall  furnish  them  with  proi)er  instructions, 
in  order  that  they  may  be  ruled  and  governed  con- 
formably to  the  rule  of  government  nude  or  to  be 
made  by  the  Assembly  of  the  Nineteen  as  well  in  the 
political  as  the  judicial  government;  which  they 
shall  be  obliged  first  to  lay  before  the  directors  of  the 
respective  colleges  [or  chambers]. 

"  X.  The  Patroons  and  colonists  shnll  be  privileged 
to  send  their  people  and  effects  thither,  in  ships  be- 

1  Under  tbe  Boman  Dutch  law. 


longing  to  the  company,  provided  they  take  the  oath  '^ 
and  pay  to  the  Company  for  bringing  over  the  people 
as  mentioned  in  the  first  article;  and  for  freight  of 
the  goods  five  per  cent,  ready  money,  to  be  reckoned 
on  the  prime  cost  of  the  goods  here;  in  which  is, 
however,  not  to  be  included  such  creatures  and  other 
implements,  as  are  necessary  for  the  cultivation  and 
improvement  of  the  lands,  which  the  Company  are  to 
carry  over  without  any  reward  if  there  is  room  in  their 
ships.  But  the  Patroons  shall  at  their  own  expense, 
provide  and  make  places'  for  them,  together  with 
every  thing  necessary  for  the  support  of  the  crea- 
tures. 

"XI.  In  case  it  should  not  suit  the  Company  to 
send  any  ships,  or  in  those  going  there  should  be  no 
room  ;  then  the  said  Patroons,  after  having  comnumi- 
cated  their  intentions,  and  after  having  obtained  con- 
sent from  the  Com])any  in  writing,  may  send  their  own 
ships  or  vessels  thither;  provided  that  in  going  or 
coming  they  go  not  out  of  their  ordinary  course ;  giv- 
ing security  to  the  Company  for  the  same,  and  taking 
on  board  an  assistant,  to  be  victualled  by  the  Patroons, 
and  paid  his  monthly  wages  by  the  Company  ;  on 
pain,  for  doing  the  contrary,  of  forfeiting  all  the 
right  and  property  they  have  obtained  to  the  colonic. 

"XII.  Inasmuch  as  it  is  intended  to  people  the 
island  of  the  Manhattes  first,  all  fruits  and  w.nres  that 
are  produced  on  the  lands  situate  on  the  North  River, 
and  lying  thereabout,  shall,  for  the  present,  be  brought 
there  before  they  may  be  sent  elsewhere;  excepting 
such  as  are  from  their  nature  unnecessary  there,  or 
such  as  cannot,  without  great  loss  to  the  owner  there- 
of, be  brought  there;  in  which  case  the  owners  shall 
be  obliged  to  give  timely  notice  in  writing  of  the  dif- 
ficulty attending  the  same,  to  tl  'ompany  here,  or 
the  Commander  and  Council  there,  that  the  sumo 
may  be  remedied  as  the  necessities  thereof  shall  bo 
found  to  require. 

"  XIII.  All  the  Patroons  of  colonies  in  New  Nether- 
land,  and  of  colonies  on  the  Island  of  Manhattes, 
shall  be  at  liberty  to  sail  and  traffic  all  along  the 
coast  from  Florida  to  Terra  Neuf,  *  provided  that  they 
do  again  return,  with  all  such  goods  as  they  shall  get 
in  trade,  to  the  Island  of  Manhattes,  and  pay  five  per 
cent,  for  recognition  to  the  Company,  in  order,  if  pos- 
sible, that  after  the  necessary  inventory  of  the  goods 
shi]>ped  be  taken,  the  same  may  be  sent  hither.  And 
if  should  so  ha])pen,  that  they  could  not  return,  b/ 
contrary  streams  or  otherwise,  they  shall,  in  such 
case,  not  be  permitted  to  bring  such  goods  to  any 
other  place  but  to  these  dominions,  in  order  that 
under  the  inspection  of  the  directors  of  the  place 
where  they  may  arrive,  they  may  be  unladen,  an  in- 
ventory thereof  made,  and  the  aforesaid  recognition 
. « . 

'Of  aUcglnnco  tn  t1u>  Company,  and  to  the  States  Oeneral. 
^StallH,  or  uthor  acconuiiodutiuns. 
*  NewfuuudlunJ. 


48 


HISTORY  OF  WESTCHESTER  COUNTY. 


of  five  per  cent,  jmid  to  the  company  here,  on  pain, 
if  they  do  the  contrary,  of  the  forfeiture  of  the  goods 
BO  trafficked  for,  or  the  real  value  thereof. 

"  XIV.  In  case  the  ships  of  the  Patroons,  in  going 
to,  or  coming  from,  or  sailing  on,  the  coast  from 
Florida  to  Terra  Neuf,  and  no  further  without  our 
grant,  shouldoverpowerany  of  the  prizes  of  the  enemy, 
they  shall  be  obliged  to  bring,  or  cause  to  be  brought 
such  prize  to  the  college  (chamber)  of  the  place,  from 
whence  they  sailed  out,  in  order  to  be  rewarded  by 
them  ;  the  company  shall  keep  the  one-third  part 
thereof,  and  the  remaining  two-thirda  shall  belong  to 
them  in  consideration  of  the  cost  and  risk  they  have 
been  at,  all  according  to  the  orders  of  the  company. 

"  XV.  It  shall  also  be  free  for  the  aforesaid  Pa- 
troons to  traflic  and  trade  all  along  the  coast  of  New 
Netherland  and  places  circumjacent,  with  such  goods 
an  are  consumed  there,  and  receive  in  return  for 
them,  all  sorts  of  merchandise  that  may  be  had  there, 
except  beavers,  otters,  minks,  and  all  sorts  of  peltry, 
which  trade  the  company  reserve  to  themsi'lves.  But 
the  same  shall  be  permitted  at  such  places  where  the 
company  have  no  factories,'  conditioned  that  such 
traders  shall  be  obliged  to  bring  all  the  peltry  they 
can  procure  to  the  island  of  Manhaties,  in  case  it  may 
be,  at  any  rate,  practicable,  and  there  deliver  to  the 
director,  to  be  by  him  shipped  hither  with  the  ships 
and  gDods ;  or,  if  they  should  come  hither,  without 
going  there,  then  to  give  notice  thereof  to  the  Com- 
pany, that  a  proper  account  thereof  may  be  taken,  in 
onler  that  they  may  pay  to  the  Company  one  guilder 
fur  each  merchantable  beaver  and  otter  skin;  the 
property,  risk  and  all  other  charges,  remaining  on 
account  of  the  Patroons  or  owners. 

"XVI.  All  coarse  wares  that  the  colonists  of  the 
Patroons  there  shall  consume,  such  as  pitch,  tar, 
wood-at'hes,  wood,  grain,  iiah,  salt,  hearthstone,  and 
such  like  things,  shall  be  brought  over  in  the  com- 
l)any's  ships,  at  the  rate  of  eighteen  guilders  ($7.20) 
per  last;  four  thousand  weight  to  be  accounted  a  last, 
and  the  company's  ship's  crew  shall  be  obliged  to 
wheel  and  bring  the  salt  on  board,  whereof  ten  lasts 
make  a  hundred.  And  in  case  of  the  want  of  ships, 
or  ro(nn  iu  the  ships,  they  may  order  it  over  at  their 
own  <'ost,  in  ships  of  their  own,  and  enjoy  in  'lese 
dominions  such  liberties  and  benefits  as  the  compiiny 
have  granted ;  but  in  either  case  they  shall  be  obliged 
to  pay  over  and  above  the  recognition  five  per  cent.) 
eighteen  guilders  i)er  each  hundred  of  salt  that  is  car- 
ried over  in  the  company's  ships. 

"  XVII.  For  all  wares  which  are  not  mentioned  in 
the  foregoing  article,  and  which  are  not  carried  by  the 
last,  there  shall  J)e  paid  one  dollar  i)er  each  hundred 
pounds  weight ;  and  for  wines,  brandies,  verjuice,  and 

I  Tmding  atHtlons. 


vinegar,   there  shall  be  paid  eighteen  guilders  per 
cask. 

"XVIII.  The  Company  promisesthecolonists  of  the 
Patroons,  that  they  shall  be  free  from  customs,  taxec, 
excise,  imposts  or  any  other  contributions,  for  the 
space  often  years;  and  after  the  expiration  of  the 
said  ten  years  at  the  highest,  such  customs  as  the 
goods  are  taxable  with  here  for  the  present. 

"XIX.  They  will  not  take  from  the  service  of  the 
Patroons  any  of  their  colonists,  either  man  or  woman, 
son  or  daughter,  man-servant  or  maid-servant ;  and 
though  any  of  them  should  desire  the  same,  they  will 
not  receive  them,  nor  permit  them  to  leave  their  Pa- 
troons, and  enter  into  the  service  of  another,  unless  on 
consent  obtained  from  their  Patroons  in  writing;  and 
this  for  and  during  so  many  years  as  they  are  bound 
to  their  Patroons;  after  the  expiration  whereof,  it 
shall  be  in  the  power  of  the  Patroons  to  send  hither 
all  such  colonists  as  will  not  continue  in  their  ser- 
vice, and  until  then  shall  not  enjoy  their  liberty. 
And  all  such  colonists  as  shall  leave  the  service  of 
their  Patroons,  and  enter  into  the  service  of  another, 
or  shall,  contrary  to  his  contract,  leave  his  service ; 
we  promise  to  do  everything  in  our  power  to  appre- 
hend and  deliver  the  same  into  the  hands  of  his  Pa- 
troon,  or  attorney,  that  he  may  be  jiroceeded  against, 
according  to  the  customs  of  the  country  as  occasion 
may  require. 

"XX.  From  all  judgments  given  by  the  cour's 
of  the  Patroons  for  ui)wards  of  fifty  guilders  ($20), 
there  may  be  an  ap])pal  to  the  Company's  Commander 
and  Council  in  New  Netherland. 

"  XXI.  In  regard  to  such  i)rivate  persons  as  on  their 
own  account,  or  others  in  the  service  of  their  masiers 
here  (not  enjoying  the  same  privileges  as  the  Pa- 
troons), shall  be  inclined  to  go  thither  and  settle; 
they  shall  with  the  approl)ation  of  the  Director  and 
Council  there,  be  at  liberty  to  take  u])  as  much  land, 
and  take  jmssesaion  thereof,  as  they  shall  be  able 
jjroperly  to  improve,  and  shall  enjoy  the  same  in  full 
property  either  for  themselves  or  masters. 

"  XXII.  They  shall  have  free  liberty, of  huntingand 
fowling,  as  well  by  water  as  by  l*nd,  generally,  and 
in  public  and  private  woods  and  rivers,  about  their 
colonies,"  according  to  the  orders  of  the  Director  and 
Council. 

"XXIII.  ^Vhosoeverwhethercolonists  of  Patroons, 
or  free  persons  for  themselves,  or  other  particulars 
for  their  masters,  shall  discover  any  shores,  bays,  or 
othtr  fit  placets  for  erectitig  fisheries,  or  the  making  "f 
salt  ponds,  they  may  take  possession  thereof  and  begin 
to  work  on  them  in  their  own  absolute  property,  to 
the  exclusion  of  all  others. 

>  Plantationa. 


THE  ORIGIN   AND   HISTORY  OF  THE   MANORS. 


49 


And  it  is  coimented  to  that  the  Pntronns  of  Colo- 
nists niny  send  i<iiip«  along  the  conHt  of  New  Nether- 
land,  on  the  cod  fishery,  and  with  the  fish  they  catch 
to  trade  to  Italy,  or  other  neutral  countries,  paying  in 
such  cases  to  the  Company  for  recognition  six  guilders 
(ii2.40)  per  last;  and  if  they  should  come  with  their 
lading  hither,  they  shall  be  at  liberty  to  proceed  to 
Italy,  though  they  shall  not,  under  pretext  of  this 
consent,  or  from  the  com])any,  carry  any  goods  there, 
on  pain  of  arbitrary  punishment;  and  it  remaining  in 
the  breast  of  the  company  to  j)ut  a  8U])ercargo  on 
board  each  ship,  as  in  the  eleventh  article. 

"  XXIV.  In  case  any  of  the  colonists  should,  by 
his  industry  and  diligence,  discover  any  minerals, 
precious  stones,  crystals,  marbles,  or  such  like,  or  any 
pnarl  fl-thery,  the  same  shall  be  the  property  of  the 
Patroon  or  Patroons  of  such  colonic  ;  giving  and  or- 
dering the  discoverer  such  premium  as  the  Patroon 
s'.iall  beforehand  have  stipulated  with  such  colonist 
by  contract.  And  the  Patroons  shall  be  exempt  fr  m 
all  recognition  to  the  company  for  the  term  of  eight 
years,  and  pay  only  for  freight,  to  bring  them  over, 
two  per  cent.,  and  after  the  aforesaid  eight  years,  for 
recognition  and  freight,  the  one-eighth  part  of  what 
the  same  may  be  worth. 

"  XXV.  The  company  will  take  all  the  colonists, 
as  well  free  as  those  in  service  under  their  protection, 
and  the  same  against  all  outlandi.sh  and  inlandish 
wars  and  powers,  with  the  forces  they  have  tliere,  as 
much  as  lies  in  their  power,  defend. 

"XXVI.  Whoever  shall  settle  any  colonic  out  of  the 
limit  of  Manhattes  Island,  shall  be  obliged  to  satisfy 
the  Indians  for  the  land  they  shall  settle  upon,  and  may 
extend  or  enlarge  the  limits  of  their  colonies,  if  they 
settle  a  proportionate  number  of  Colonists  thereon. 

"  XXVII.  The  Patroons  and  colonists  shall  in  par- 
ticular and  in  the  8])eediest  manner,  endeavor  to  find 
out  ways  and  n)eans  whereby  they  may  support  a  min- 
ister and  school-master,  that  thus  the  service  of  God, 
and  zeal  for  religion  may  not  grow  cool,  and  be  ne- 
glected among  them  ;  and  that  they  do,  for  the  first, 
procure  a  comforter  of  the  sick  there. 

"  XXVIIf.  The  colonies  thati-hall  happen  to  lie  on 
the  respective  rivers,  or  islands  (that  is  to  say,  each 
river  or  island  lor  itself),  shall  be  at  liberty  to  a])point 
a  de|)Uty,  who  shall  give  information  to  the  Comman- 
der and  Council  of  that  Western  quarter,  of  all  things 
relating  to  his  colonie,  and  who  are  to  further  matters 
relating  thereto,  of  which  deputies  there  shall  be  one 
altered  or  changed  every  two  years;  and  all  colonies 
shall  be  obliged,  at  least  once  in  every  twelve  months, 
to  make  exact  r'jport  of  their  colonie,  and  lands  there- 
about, to  the  commander  and  council  there,  in  order 
to  be  transmitted  hither. 

"XXIX.  The  colonists  shall  not  be  permitted  to 
make  any  woollen,  linen,  or  cotton  cloth,  nor  weave 


any  other  stuffs  there,  on  pain  of  being  banihhed,  and 
as  perjurers  to  be  arbitrarily  punished. 

"XXX.  The  company  will  use  their  endeavours  to 
supply  the  colonists  with  as  many  blacks  as  they  con- 
veniently can,  on  the  conditions  hereafter  to  be  made; 
in  such  manner,  however  that  they  shall  not  be  bound 
to  do  it  for  a  longer  time  than  they  shaH  think  proper- 

"  XXXI.  The  company  promises  to  finish  the  fort 
on  the  island  of  the  Manhattes,  and  to  put  it  in  a  pos- 
ture of  defence  without  delay." 

It  will  be  noted  that  under  the  first  article  of  this 
Plan,  or  charter,  of  Freedoms  and  Exemptions,  the 
privilege  of  becoming  Patroons,  with  all  their  rights, 
powers,  and  exemptions,  hereditary  and  otherwise 
was  confined  solely  to  the  members,  that  is  the  stock- 
holders, of  the  West  India  Com|>any.  Other  persons 
however,  could,  with  the  permission  of  the  Directur 
and  Council  of  New  Netherlund,  take  up  as  much 
land  as  they  could  improve,  "and  enjoy  the  same 
in  full  property  either  for  themselves  or  others,"  but 
without  any  of  the  advantages  and  privileges  con- 
ferred upon  the  Patroons.  These  were  styled  Free 
Colonists.  Under  these  clauses  the  colonizing  of  the 
territory  of  New  Netherland  began. 

While  the  charter  was  in  process  of  discussion  and 
formation  in  the  Assembly  of  the  XIX.,  which  it  will 
be  recollected  was  composed  of  directors  chosen  from 
the  several  chambers  of  the  West  India  Company, 
certain  directors  of  the  Amsterdam  Chamber,  which 
had  been  specially  charged  with  the  care  and  super- 
vi;'  -  of  New  Netherland,  as  soon  as  it  became 
certa.  'hat  the  charter  would  be  approved  by 
the  Cc  .pany  and  ratified  by  the  States-General, 
sent  out  to  agents  to  purchase  for  them,  the 
Indian  title  to  certain  lands  in  different  parts  of 
New  Netherland,  so  that  they  might  be  ready 
to  constitute  themselves  Patroons  under  the  charter, 
as  soon  as  it  should  finally  pass  and  go  into  effect. 
The  first  of  these  were  Samuel  Godyn  and  Samuel 
Blomr.iaert,  whose  agents,  sent  out  .some  time  pre- 
viously, on  .Tune  1st,  1729,  a  few  days  before  the 
passing  of  the  charter,  bought  for  them  of  the 
Delaware  Indians,  the  lands  on  the  southwest  side 
of  Delaware  Bay  from  Cape  Henlopen  thirty-two 
miles  northwardly  in  length,  and  two  miles  inland 
in  width.  As  these  were  Dutch  miles,  the  tract  was  128 
English  miles  long  and  eight  miles  broad. 

After  the  passage  of  the  charter  and  on  the  19th  of 
June,  1729,  Godyn  notified  the  Chamber  of  Am- 
sterdam that  he  had  sent  out  agents  to  purchase  landsi 
and  declared  "that  he  now  in  quality  of  'Patroon' 
has  undertaken  to  occupy  the  Bay  of  the  South 
River,  on  the  conditions  (the  charter)  concluded  in 
the  last  Assembly  of  the  XIX.,  as  he  hath  likewise 
advised  the  Director  Pieter  Minuit,  and  charged  him 
to  register  the  same  there." ' 

1 1.  O'CttU.,  Appendix  S,  p.  479, 


60 


HISTORY  OF  WESTCHESTER  COUNTY. 


Mimiit  in  due  time  with  hia  Council  executed 
and  passed  the  grant,  or  "  transport "  as  the  Dutch 
termed  the  instrument,  and  sen'  it  to  Oodyn  in 
Holland.  In  1841  Mr.  J.  llomcy  i  Brodhead  found 
the  original  document  in  the  West  India  House  at 
the  Hague,  brought  it  back  to  New  York,  and  it  is 
now  deposited  in  the  State  Library  at  Albany.  It 
bears  date  the  15th  of  July  1630,  and  bears  the  sig- 
natures of  Pieter  Minuit  and  his  Council, — the  only 
signatures  of  those  officials  known  to  be  in  existence, 
and  is  the  first  title  given  by  civilized  men  to  lands 
in  the  present  State  of  Delaware,  and  the  first  in  New 
Netherland  under  the  charter  of  Freedoms  and  Ex- 
emptions of  1629.  Its  date  is  two  years  before  Lord 
Baltimore's  charter  of  Maryland  from  Charles  the 
First,  and  fifty-two  years  prior  to  William  Penn's 
charter  of  Pennsylvania  from  Churles  II.  The  name 
Godyn  and  Blomniaert  gave  to  their  "Colonic"  was 
"  Zwanandael ;"  in  English,  "Swansdale."  The  fol- 
lowing is  a  translation  of  this  first  conveyance  for 
any  part  of  New  Netherland. 

TRANSPORT. 

The  Director  and  Cuuicll  nf  New  KHh(rland  to 
S'Xmul  Omii/n  and  Satnufl  Blomniaert. 

"We,  the  Director  and  Council  in  New  Netherland, 
residing  on  the  Island  Manahatns  and  in  Fort  Am- 
sterdam, under  the  authority  of  their  High  Might- 
inesses the  Lords  States-Ctener.il  of  the  United 
Netherlands,  and  of  the  Incorporated  West  India 
Company,  Chamber  at  Amsterdam,  hereby  acknowl- 
edge and  declare,  that  on  this  day,  the  date  under- 
written, came  and  appeared  before  us,  in  their  proper 
persons,  Queskakous,  and  Eesauques,  Siconesius, 
and  the  inhabitants  of  their  village,  situate  at  the 
South  cape  of  the  Bay  of  the  South  River,  and  freely 
and  voluntarily  declared,  by  special  authority  of  the 
rulers  and  consent  of  the  Commonalty  there,  that  they 
already,  on  the  first  day  of  the  month  of  June  of  the 
past  year,  1629,  for  and  on  account  of  certain  parcels 
of  cargoes,  which  they,  previous  to  the  passing 
hereof,  acknowledged  to  have  received  and  gotten 
into  their  hands  and  power,  to  their  full  satisfaction, 
have  transported,  ceded,  given  over,  and  conveyed  in 
just  true  and  free  property,  as  they  hereby  transport 
cede,  give  over,  and  convey  to,  and  for  the  behoof  of, 
Messrs.  Samuel  Godin  and  Samuel  Blonimaert, 
absent;  and  for  whom  We,  by  virtue  of  our 
office,  under  proper  stipulation,  do  accept  the 
same  namely :  the  Land  to  them  belbnging,  sit- 
uate on  the  South  side  of  the  aforesaid  Bay, 
by  us  called  the  Bay  of  the  South  River,  ex- 
tending in  length  from  C.  Hinlopen  off  unto  the 
mouth  of  the  aforesaid  South  River,  about  eight 
leagues  (groote  mylen),  and  half  a  league  in  breadth; 
into  the  interior,  extending  to  a  certain  marsh 
(leegte)  or  valley  through  which  these  limits  can 
clearly  enough  be  distinguished.  And  that  with  all 
the  action  right  and  Jurisdiction  to  them  iu  the 


aforesaid  quality,  therein  appertaining,  constituting, 
and  surrogating  the  said  Messrs.  Godin  and  Blom- 
niaert in  their  stead  state,  real  and  actual  possession 
thereof;  and  giving  them  at  the  same  time,  full  and 
irrevocable  authority,  power,  and  special  commantl, 
to  hold  in  quiet  possession,  occupancy  and  use,  tan- 
quam  Actores  et  Procuratorcs  in  rem  propriam,  the 
aforesaid  land  acquired  by  the  above  mentioned 
Messrs.  Godin  and  Blommaertor  those  who  may  hcrr- 
after  obtain  their  interest;  also  to  do  barter  and 
dispose  thereof,  as  they  may  do  with  their  own  well 
and  lawfully  acquired  lands.  Without  they,  tho 
Grantors  having,  reserving,  or  retaining  for  the  futuro, 
any,  the  smallest  part,  right,  action,  or  authorily, 
whether  of  property,  command,  or  jurisdiction 
therein  ;  but  now,  hereby,  forever  and  a  day  desisting, 
retiring  from,  abandoning  and  renouncing  the  same 
for  the  behoof  aforesaid;  promising  further,  not  only 
to  observe,  fulfil,  and  to  hold  fast,  unbroken  and  Irrov- 
ocable,  this  their  conveyance,  and  whatever  may  be 
done  in  virtue  thereof,  but,  also,  the  8ai<l  parcel  of 
land  to  maintain  against  every  one,  and  to  deliver 
free  of  controversies,  gainsays  and  contradictions,  by 
whomsoever  instituted  against  the  same.  All  in  good 
faith  without  guile  or  deceit.  In  witness  is  this  con- 
firmed with  our  usual  signature  and  our  seal  de- 
pendant therefrom.  Done  on  the  aforesaid  Island 
Manahatas,  this  fifteenth  of  July,  XVI"  and  thirty. 

(Signed)  Pietek  Mixiit,  Director, 

PlETEll  Byi.velt, 
Jacob  Elrertsex  Wissikck, 
Jan  Jansen  Brouwer, 
Symon  Dircksen  Pos, 
Reyner  Harmensen, 
Jan  Lami'O, 

Sheriff. ' 

Another  of  the  directors  who  took  time  by  the  fore- 
lock in  the  matter  of  the  Patroonships  was  Kiiiaen  van 
Rensselaer  of  Amsterdam,  who  de  Vries  tolls  us  "  wns 
accustomed  to  polish  pearls  and  diamon;ls."''  At  his 
request  Sebastian  Jansen  Kraol,  who  had  resided  as 
commissary  at  Fort  Orange  for  three  or  four  years, 
bought  for  him  early  in  1630,  of  the  Mohican  Indians, 
a  tract  on  the  west  side  of  the  Hudson,  and  shortly  after 
another  agent,  Gillis  Hosset,  bought  for  him  another 
tract  on  the  east  side  of  that  river,  of  the  same  Indians. 
These  purchases  were  on  the  13th  of  August  duly 
"  transported  "  or  granted  to  van  Rensselaer  by  Director 
Minuit  and  his  Council,  and  were  the  first  lands  in 
the  State  of  New  York  granted  under  the  charter  of 
Freedoms  and  Exemptions,  and  consequently  the 
following  "transport"  of  these  lands,  is  the  first  deed 
of  conveyance  for  any  lands  in  this  State  to  a  private 
person  under  the  charter  of  1629.  The  original  in 
Dutch  is  in  Holland,  the  translation  was  made  by 


II.  mi.  ni«t.  N.  v.,  43. 

'De  ViieB,p.  102. 


THE  ORIGIN   AND   HISTORY   OF  THE  MANORS. 


SI 


the  late  Dr.  Edmund  B.  O'CuUnghan,  from  the  copy 
ill  Dutch  iu  the  Brodhead  Papers,  uud  una  follows: 

TRANBPOKT. 

The  Director  and  Council  of  New  Netherland  to 
Ki/iaen  van  Rensselaer.  Anuo  1630,  adi'  13th  August. 
We  the  Director  and  Council  of  New  Netherlands 
residing  on  the  Island  of  Manahataa  and  in  Fort 
Amsterdam,  under  the  authority  of  their  High 
Mightinesses  the  Lords  States-General  of  the  United 
Netherlands  and  the  Incorporated  West  India  Com- 
pany, Chamber  at  Amsterdam,  do  hereby  acknowledge 
and  declare,  that  on  this  day,  the  date  underwritten, 
before  us  appeared  and  |)resented  themselves  in  their 
proper  persons:  Kottomack,  Nawanemit,  Albantzeene, 
Sagiskwa,  and  Kanaomack,  owners  and  proprietors  of 
their  respective  parcels  of  land,  extending  up  the 
River,  South  and  North,  from  said  Fort^  unto  a  little 
south  of  Moencminnes  Castle,  to  the  aforesaid  pro- 
prietors, belonging  jointly  and  in  common,  and  the 
aforesaid  Nawanemit's  particular  land  called  Semes- 
seerse  lying  on  the  East  Bank  opposite  Castle  Island 
off  unto  the  above  mentioned  Fort;  Item  from  Peta- 
nock,  the  Millstream,  away  North  to  Negagon.-e,  in 
extent  about  three  miles,  and  declared  freely  and 
advisedly  for  and  on  account  of  certain  parcels  of 
cargoes,  which  they  acknowledge  to  have  received  in 
their  hands  and  power  before  the  execution  hereof, 
and,  by  virtue  and  bill  of  sale,  to  hereby  transport,  con- 
vey, and  make  over  to  the  Mr.  Kiliaen  van  Rensselaer, 
absent,  and  for  Hh(jm  We,  ex-offlcio  and  with  due 
stipulation,  accept  the  same;  namely:  the  respective 
parcels  of  land  hereinbefore  specified,  with  the 
timber,  api)endencies,  and  dependencies,  thereof 
together  with  all  the  action  right  and  jurisdiction  to 
them  the  grantors  conjointly  or  severally  belonging^ 
constituting  and  surrogating  the  said  Mr.  Rensselaer  in 
their  stead,  state,  and  right,  real  and  actual  possession 
thereof,  and  at  the  same  time  giving  him  full,  abso- 
lute, and  irrevocable  power,  authority,  and  special 
command,  to  hold  in  quiet  possession,  cultivation, 
occupancy,  and  use,  tanquam  actor  et  procurator  in 
rem  suam  ac  propriam,  the  land  aforesaid,  acquired 
by  said  Mr.  Van  Rensselaer,  or  those  who  may  here- 
after acquire  his  interest ;  also  to  dispose  of,  do  with, 
and  alienate  it,  as  he  or  others  should  or  might  do 
with  his  other  and  own  Lands  and  domains  acquired 
by  good  and  lawful  title,  without  the  grantors  therein 
retaining,  reserving,  or  holding,  any  the  smallest 
part,  right,  action,  or  authority,  whether  of  property 
command,  or  jurisdiction,  but  rather  hereby  desisting, 
retiring,  and  renouncing  therefrom  forever,  for  the 
behoof  aforesaid;  further  promising  this  their  con- 
veyance and  whatever  may  by  virtue  thereof  be 
done,  not  only  forever  to  hold  fast  and  irrevocable,  to 
observe  and  to  fulfil,  but  also  to  give  security  for  the 


'  AlibreviBtioii  of  "  Anno  Domini," 
"  Foi  t  (grange  is  liere  iiieuut. 


surrender  of  the  aforesaid  land,  obligans  et  renun- 
cians  a  bona  fide.  In  testimony  is  thus  confirmed  by 
our  usual  signature,  with  the  ordinary  seal  thereunto 
dej>ending. 

Done  at  the  aforesaid  Island  Manah^tas  and  Fort 
Amsterdam  on  the  day  and  year  aforesaid. 

(Signed)  Pieteu  Misuit,  Director, 

PlETER  Byvelt, 
Jacob  Eldeutss.  Wissinck, 
Jan  Janken  Broiwer, 
Symon  Dircks.  Pos, 
Reyner  Harmexsex, 
Jan  Lampo, 

Sherif. 

There  was  besides  :  This  conveyance  written  with 
mine  own  hand  is,  in  consequence  of  the  Secretary's 
absence,  executed  in  my  presence  on  the  thirteenth 
day  of  August,  XVI,°  and  thirty  as  above. 

(Signed)  Lenart  Cole, 

Deputy  Stcretary.' 

The  lands  covered  by  the  above  "  transport "  together 
with  some  adjacent  land  subsequently  acquired  by 
Kiliaen  van  Rensselaer  formed  the  great  Patroonship 
of  "  Rensselaerswyck."  In  1705,  seventy-five  years 
later,  it  was  erected  into  a  Manor  of  the  same  name 
under  the  English  law,  and  continued  in  unbroken 
existence  till  1837,  when  the  last  Patroon  Stephen 
van  Rensselaer  died. 

He  devised  in  fee  to  his  eldest  son  Stephen  the  part 
of  the  manor  west  of  the  Hudson,  and  to  his  son 
William  the  part  east  of  that  river.  Under  titles  de- 
rived from  these  two  sons  the  hinds  of  the  old  manor, 
which  had  not  been  sold  by  their  father,  the  last 
Patroon,  in  his  lifetime,  are  now  held  in  fee,  subject 
in  some  cases  to  former  leases  the  terms  of  which  are 
not  yet  expired. 

A  third  keen,  long-hended,  director  of  the  Amster- 
dam Chamber  was  Michael  Pauw  of  Achtienhoven, 
near  Utrecht.  Like  Godyn,  Blommaert,  and  Van 
Rensselaer,  early  in  1630  he  bought  through  agents 
the  Indian  title  to  the  lands  on  the  west  side  of  the 
Hudson  River,  opposite  Manhattan  Island  from  the 
iuights  of  Wehawken,  and  Hoboken,  to  Bergen 
Point,  and  also  the  islaii'l  if  Staten  Island.  He  duly 
obtained  like  transports  of  these  regions  from  the 
Director  and  Council,  and  gave  to  his  Patroonship  the 
name  of  "  Pavonia,"  a  Latinized  derivation  from  his 
own  surname. 

These  three  Patroons  in  a  document  laid  before  the 
States-General  in  June  1634,*  thus,  describe  their  own 
action  in  relation  to  their  Patroonships,  their  rights  as 
Patroons,  and  the  expenses  they  had  incurred  in  the 
colonization  of  their  lands.    After  stating  the  enact- 


»I.  Col.  Hirt.  N.  y.,  44. 
<  I.  Col.  Hilt.,  84. 


62 


HISTORY  OF  WESTCHESTER  COUNTY. 


nient  of  the  Freedoms  and  Exemptions  on  the  7th  of 
June  1629)  they  continue  thus ; — 

"  Whereupon  some  directors  of  the  before-named 
Company  in  addition  to  the  great  interest  they  pos- 
sessed with  their  next  friends  in  the  said  Company 
(who  imported  [to  the  value  of]  more  than  two  tons 
of  gold) ;  animated  with  new  zeal  to  carry  out  their 
High  Mightinesses'  intentions,  and  hojjing  in  con- 
sequence for  God's  blessing,  preceded  all  the  other 
stockholders  by  way  of  a  good  example,  saving  the 
Company  from  expenses,  troubles,  and  heavy  charges, 
and  further  involved  themselves  by  undertaking 
divers  Patroonships,  the  expenses  whereof  incurred 
and  laid  out  to  this  day,  amount  to  not  far  from  one 
ton  of  gold,  cash  down,  and  are  yearly  taxed,  in  ad- 
dition, with  at  least  46,000  guilders  for  the  support  of 
three  of  their  Patroonships." 

"  The  Patroons  proceeding  on  daily,  notwithstand- 
ing, bought  and  paid  for  not  only  the  grounds  belong- 
ing to  the  chiefs  and  natives  of  the  lands  in  New 
Netherland,  but  also  their  rights  of  sovereignty  (fara 
Majetlatit)  and  such  others  as  they  exercised  within 
the  limits  of  the  Patroons  purchased  territories. 

"So  that  on  the  28th  November,  1630,  were  read  at 
the  Assembly  of  the  Direi  :or  ,  the  deeds  of  convey- 
ance of  the  lands  and  jurisdictions  purchased  from 
the  Saccimaes,  the  Lords  of  the  Country,  executed  for 
the  behoof  of  the  Patroons,  their  successors;  and  the 
new  proprietors  were  accordingly  thereupon  con- 
gratulated. 

"On  the  2d  December,  in  the  year  aforesaid,  the 
patents  sent  to  the  Patroons  from  New  Netherland 
were  in  like  manner  also  again  read,  recorded  in  the 
Company's  Eegister,  ordered  by  the  Assei  '  '  to  be 
ensealed  with    the    seal   of  New    Nethen.  the 

Patroons  were  again  congratulated  and  handeu    iieir 
patents. 

"  16th  ditto.  The  Patroons  on  resolution  of  the 
Assembly,  delivered  to  the  Company's  Counsel  a  per- 
fect list  of  their  undertaken  patroonships. 

"  8th  January,  1631.  The  Patroons  Colonies  were  ex 
supra  abundanti  confirmed,  on  submitting  the  ques- 
tion to  the  Assembly  of  the  XIX.,  holden  in  Zea- 
land." 

Such  was  the  manner  and  the  method  in  which 
beg;m  the  colonization,  settlement,  and  population, 
of  New  Netherland  in  general,  and  the  territories  of 
tlie  States  of  Delaware,  New  Jersey,  and  New  York 
in  particular.  Space  will  not  permit  mention  of 
other  and  later  Patroonships  in  different  parts  of  the 
Dutch  territory  in  America,  except  that  of  Colen- 
Donck,  the  only  one  which  was  created  in  the  County 
of  Westchester  which  will  be  treated  of  hereafter. 

Very  soon  difficulties  arose  between  the  West  India 
Company  and  the  Patroons  in  relation  chiefly  to  the 
trade  in  furs  and  the  claims  of  the  Patroons  to  embark 
in  the  same  under  the  articles  of  the  charter  of  Free- 
doms and  Exemptions.  The  latter  were  more  in- 
clined to  push  the  trade  in  peltries  than  the  agricul- 


tural settlement  of  their  lands,  for  the  reason  that  the 
former  was  highly  profitable,  whereas  the  latter  re- 
quired a  constant  outgo  of  money  with  a  prospect  of 
only  distant  and  much  smaller  returns.  Clashingsas 
to  civil  powers  and  duties  also  occurred  between  them. 
But  notwithstanding,  population  and  agriculture 
slowly  increased.  Other  Patroonships  were  taken 
up,  and  some  lands  were  settled  by  individuals. 
The  West  India  Company,  although  several  other 
Directors  in  the  Assembly  of  tl;e  XIX.  had  l)een 
taken  in  as  partners  by  the  three  Patroons  above 
named  in  their  ventures,  but  without  participation  in 
their  personal  privileges  and  dignities,  thought  that 
the  Patroons  were  prosjjering  too  much  at  the  ex- 
pense of  the  interests  of  the  Company  itself,  and 
sought  to  restrict  them  in  their  trading  operations. 
The  Patroons  on  their  side  claimed  that  the  Company 
not  only  had  no  right  to  restrict  them,  but  had  not 
fulfilled  its  own  obligations  as  laid  down  in  the  articles 
of  the  Freedoms  and  Exemptions. 

These  controver.-ies  led  finally  after  much  discus- 
sion, to  a  determination  by  both  parties,  concurred  in 
by  the  States-General,  to  which  both  had  ajipealed, 
that  the  charter  of  1729  should  be  revised,  changed 
in  some  important  respects,  and  re-enacted  in  the 
form  of  an  entirely  new  Charter  of  Freedoms  and 
Exemptions. 

One  of  the  memorials  of  the  Company  to  the  States- 
General  presented  in  October  1734,  growing  out  of 
these  difficulties  and  those  arising  from  the  claim  set 
up  by  the  English  to  authorize  trade  to  New  Nether- 
land, is  of  extreme  interest  for  its  clear  and  succinct 
account  of  the  Dutch  discovery  and  settlement  from 
1609  to  1634. 

It  states,  "That  said  river"  ("the  North  River  in 
New  Netherland,"  so  styled  in  the  memorial  which 
is  believed  to  be  the  first  time  it  is  so  named  in  any 
official  document)  "  and  adjacent  countries  had  been 
discovered  in  the  year  1609,  at  the  cost  of  the  East 
India  Company,  before  any  Christians  had  ever  been 
up  said  river,  as  Hudson  testified,  who  was  then  in 
the  service  of  said  Company,  for  the  purpose  of  dis- 
covering the  north-west  pas-age  to  China. 

"And  that  your  High  Mightinesses'  grant  hath 
conferred  from  that  time  down,  on  divers  merchants, 
the  exclusive  trade  in  peltries  there. 

"  Likewise,  that  one  or  more  little  forts  were  built, 
also  under  your  High  Miiihtinesses'  chief  jurisdiction, 
even  before  the  year  1614,  and  supplied  with  people 
for  the  security  of  the  said  trade  ; 

"  Further,  that  after  these  countries  had  passed  into 
the  hands  of  the  incorporated  West  India  Company, 
not  only  were  the  above-named  forts  renewed  and 
enlarged,  but  said  Company  purchased  from  the 
Indians  who  were  the  indubitable  owners  thereof,  the 
Island  of  the  Manhattes,  situate  at  the  entrance  of 
the  said  river,  and  there  laid  the  foundation  of  a  city. 

"  As  also,  not  only  on  that  river,  but  likewise  on 
the  South  River,  and  others  lying,  to  the  east  of  the 


THE  ORIGIN  AND  HISTORY   OF  THE   MANORS. 


68 


iifort'snid  North  River,  divers  nativee  aud  inlmbitiintB 
of  these  countries,  by  the  asBistanceof  said  Company, 
phmted  sundry  Colonies,  for  wliich  purpose,  were  also 
l)Urcliiwe(l  from  the  chiefs  of  the  Indians,  the  hinds 
and  soil,  with  their  respective  attributes  and  jurisdic- 
tions. 

"  As  is  to  be  seen  by  divers  deeds  of  Conveyance 
and  cession,  executed  in  favor  of  the  Patroons  of  the 
Colonies  by  the  Sachems  and  Chief  Lords  of  the 
Indians,  and  those  who  had  anything  to  say  therein."  ' 

In  1638,  A  "  Report  on  the  Condition  of  New  Nether- 
land  was  made  to  the  States-General  by  a  special 
Committee  of  eight  members,  of  which  Rutger  IIu.\- 
geiis  was  Chairman,  in  the  form  of  eight  brief  (jues- 
tions  and  answers  thereto,  (The  questions  were  pro- 
pounded by  the  States-General,  and  the  answers 
were  made  by  the  special  committee  of  that  body, 
after  it  hud  held  a  joint  meeting  with  the  Company's 
Assembly  of  the  XIX.  at  the  Hague.)  of  which  the 
last  three  very  clearly  show  the  state  of  affairs  at  that 
time ; — 

"6.  Has  the  Company  realized  profit  or  loss  since 
the  planting  of  New  Netherland? 

A.  Loss.  But  it  could  afford  profit,  principally 
from  grain. 

"7.  And  in  case  of  loss,  and  their  High  Mighti- 
nesses consider  it  advantageous  to  preserve  the  limits 
of  New  Netherlnnd,  and  to  establish  the  population 
on  a  better  and  surer  footing? 

A.  The  Company  cannot  people  it;  because  the 
Company  cannot  agree  among  themselves  ;  but  a  plan 
of  throwing  it  open  must  be  considered. 

"  8.  Whether  it  would  not,  therefore,  be  expedient 
to  place  the  district  of  New  Netherland  at  the  dis- 
posal of  the  States-General  ? 

A.  They  have  no  intention  so  to  do  ;  unless  they 
derived  profit  by  it.  But  they  hope,  now  that  they 
have  taken  some  order  about  Brazil,  that  it  will  prove 
a  source  of  profit  in  time. 

They  propose  to  surrender  the  trade  with  the 
Indians,  or  something  else.  Nothing  now  comes  from 
New  Netherland  but  beaver  skins,  niinck'a,  and  other 
furs ;  considerable  grain  could  be  raised  there  in 
course  of  time." ' 

The  effect  was,  that  the  States-General  appreciating 
the  necessity  of  action,  considered  a  "plan  of  throw- 
ing open  "  New  Netherland,  adopted  it  on  the  2d  of 
September  1G38,  and  at  once  put  it  into  operation. 

This  i)lan  opened  the  trade  of  New  Netherland  to 
all  the  world  on  certain  simple  conditions,  and  per- 
mitted any  one  to  take  up  land  according  to  his  means 
for  immediate  cultivation.     It  is  in  these  words  ; — 

"  Whereas  the  Directors  of  the  Incorporated  West 
India  Comjjany,  Chamber  at  Amsterdam,  are  author- 
ized by  resolution  of  the  XIX.,  to  promote  and  im- 
prove the  trade  and  population  of  Is^cw  Netherland ; 


1 1.  Col.  Hist.  N.  Y.,  94. 
»  I.  Col.  Ulat..  107. 


they,  therefore,  with  the  approbation  of  their  High 
Mightinesses,  hereby  make  known  to  all  and  every 
the  inhabitants  of  this  State,  or  iu  allies  and  friends, 
who  may  lie  disposed  to  take  up  and  cultivate  lands 
there,  and  to  make  use  for  that  purjxise  of  the  harbors 
of  these  countries,  that  they  may  henceforth  convey 
thither  in  the  company's  ships,  such  cattle  merchan- 
dise and  property  as  they  shall  deem  advisable;  and 
receive  the  returns,  they,  or  their  agents  may  obtain 
therefor  in  those  parts;  on  condition  that  all  the 
goods  shall  first  be  brought  to  the  Company's  store, 
so  as  to  be  put  on  shipboard  all  at  once,  in  the  best 
manner,  on  payment  of  the  following  duties  and 
freights;  and  the  DirecU^rs  will  take  care  that  they 
shall  be  sent  thither  by  the  safest  conveyance  ; — 

On  all  merchandises  going  thither,  there  shall  be 
paid  to  the  company  here  (an  crport  duty)  a  duty  of 
ten  per  cent,  in  money,  proportionably  to  their  value  ; 
and  on  those  coming  thence  hither  (an  import  duly) 
fifteen  per  cent,  there,  in  kind  or  money,  at  the  choice 
of  the  Company  or  its  Agent ;  eighty-five  remaining 
for  the  owner.  And  if  any  one  happen  to  commit 
an  error,  in  the  valuation  of  his  goods,  the  Company 
shall  be  at  liberty  to  take  such  goods,  paying  one- 
sixth  more  than  they  are  entered  at ;  but  all  concealed 
and  smuggled  goods,  either  in  this  country  or  that, 
which  may  be  discovered  to  have  been  brought  on 
board  the  Company's  ships,  by  secret  plans  or  other 
cunning  contrivances,  shall  be  immediately  forfeited 
and  confiscated  to  the  profit  of  the  said  Company, 
without  any  right  of  action  accruing  thereby."  And 
after  specifying  rules  for  freight  charges,  it  continues 
thus ; — 

"Aud  whereas  it  is  the  Company's  intention  to 
cause  those  countries  to  be  peopled  and  brought  into 
cultivation  more  and  more,  the  Director  and  Council 
there,  shall  be  instructed  to  accommodate  every  one 
according  to  his  condition  and  means,  with  as  much 
land  as  he  can  properly  cultivate,  either  by  himself 
or  with  his  family.  Which  land  thus  conceded  to 
any  person  in  the  name  of  the  Company,  shall  re- 
main the  property  of  him,  his  heirs,  or  assigns,  pro- 
vided he  shall  pay  to  the  Company  after  it  has  been 
pastured  or  cultivated  four  years,  the  lawful  tenths  of 
all  fruit,  grain,  seed  tobacco,  cotton,  and  such  like, 
as  well  as  of  the  increase  of  all  sorts  of  cattle ;  of 
which  jiroperty  a  proper  deed  shall  be  given,  on  con- 
dition that  ho  truly  undertakes  the  cultivation  or 
pasture  thei'eof.  Failing  therein,  he  shall  incur,  in 
addition  to  the  loss  of  such  land,  such  penalties  and 
fines  as  shall  be  mutually  agreed  on  at  the  time  of 
the  grant.  To  which  penalties  and  fines  his  suc- 
cessors and  assigns  shall  be  also  bound.  And  in 
order  to  obviate  all  confusion  and  losses,  which  have 
formerly  arisen  therefrom,  and  are  hereafter  to  be 
expected  in  a  still  graver  degree,  no  one  shall  hence- 
forward be  allowed  to  possess  or  hold  any  lands  or 
houses  in  those  parts,  that  have  not  previously  come 
through  the  hands  of  the  Company. 


54 


HISTORY  OF  WESTCHESTER  COUNTY. 


The  Coinpnny,  Mubject  to  tlie  High  and  Mighty 
Lords  Stute8-Geiit>ral,  shiill  tnlci!  ciiru  thiit  the  places 
an<l  countries  there  shall  l>e  maintained  in  peace  and 
quietneiM,  in  proper  police  and  juittice,  under  its 
niinistera  or  their  deputies,  conformably  to  tlie  regu- 
lations and  instructions  thereupon  already  CMtablirthed 
and  issued,  or  Ui  be  hereafter  enacted  and  given,  upon 
a  knowledge  and  cx|>erience  of  atlairs. 

All  those  who  will  be  inclined  to  go  thither,  to 
inhabit  the  country  or  to  trade,  shall  severally  declare 
under  their  signatures,  that  they  will  voluntarily  sub- 
mit to  these  regulations,  and  to  the  orders  of  the 
C'ompany,  and  shall  allow  all  questions  and  u'H'er- 
ences  there  arising,  to  be  decided  by  the  ordinary 
courts  of  justice,  which  shall  be  established  in  that 
country,  and  freely  sutler  there  the  execution  of  the 
sentences  and  verdicts,  without  any  further  opposi- 
tion. And  shall  pay  for  passage  and  board  in  the 
state-room,  one  guilder,  in  the  cabin  twelve  stuivers, 
and  between  decks,  eight  stuivers,  per  diem."  ' 

The  effect  of  thus  throwing  open  to  the  world  the 
trade  of  New  Netherland,  was  to  increase  at  once  its 
population,  and  the  development  of  the  agricultural 
capacity  of  the  country.  Capital  was  attracted, 
colonists  came  over  from  Holland,  and  Patroonships 
and  individual  grants  of  lands  were  freely  taken  up. 
Englishmen  and  their  families  driven  from  New 
England  by  Puritan  persecution, — a  persecution  un- 
paralleled in  North  America  save  by  that  inflicted  by 
the  Spaniards  in  Mexico,  fled  to  the  Dutch  pn;- 
vince,  became  subjects  of  the  New  Netherland  gov- 
ernment, and  as  grantees  of  its  Ian  Is  took  the 
oaths  of  allegiance  to  the  West  India  Companv 
and  to  the  States-General  of  Holland. 

The  old  disputes  between  the  Compar.  ,  lii^i 
Patroons  as  to  their  respective  rights,  t!'  i^i:  uiorii- 
fied,  still  continued.  At  last  in  Janua  ""  '  . 
matter  was  taken  up  by  the  States-Genei..i,  the 
Assembly  of  the  Nineteen,  and  the  Patroons,  with  a 
determination  to  come  to  a  final  settlement  of  the 
whole  subject.  Debates,  discussions,  and  negotiations, 
were  actively  continued  till  July  of  the  siic.ie  j  •  ..r, 
with  the  result,  that  an  entirely  new  charter  of 
"  Freedoms  and  Exemptions"  was  framed  which  met 
the  assent  of  all  parties.  This  was  reported  to  the 
States-General  on  the  19th  of  July,  1(540,  duly  en- 
acted, and  went  into  immediate  operation. 

The  first  charter  of  "  Freedoms  and  Exemptions  of 
1629,"  and  this  new  charter  of  1640,  together,  are  the 
foundation  of  civilized  government  as  originally 
established,  in  New  York,  and  successfully  maintained 
there  during  the  entire  period  of  its  possession  by 
the  Dutch  nation. 

Before  describing  the  system  of  government,  civil 
and  ecclesiastical  law,  and  land  tenures,  thus  founded 
and  set  in  operation,  it  is  necessary  to  a  right  under- 
standing of  the  subject  to  set  forth  at  length,  in  its 

»I.  Col.  Hist,  113. 


own  words,  the  new  charter  of  1640,  so  that  there  can 
be  no  misunderstanding  of  these    most    important 
initrumeiits  as  to  what  they  do,  or  do  not,  contain. 
It  is  entitled;  — 

"  FhekdoMs  ANt)  EXEMPTtoVs  granted  and  accorded 
by  the  Directors  of  the  General  lncor|(orated 
West  In<lia  Company  at  the  Assemlily  of  the 
XIX.,  with  the  approbation  of  the  High  and 
Mighty  Lords  States  General  of  the  free  Ilniti  d 
Netherlands,  to  all  Patroons,  Mii'^ters,  or  Private 
persons  who  will  plant  any  Colonies  or  introduce 
cattle  in  New  Netherland.  Exhibited  lOth  July, 
1640. 

"  All  good  inhabitants  of  the  Netherlands  and  all 
others  inclined  to  plant  any  Colonies  in  New  Nether- 
land shall  be  at  liberty  to  send  three  or  four  persons 
in  the  Company's  ships  going  thither,  to  examine  the 
circumstances  there,  on  condition  that  they  swear  to 
the  articles,  as  well  as  the  officers  and  seamen,  as  far 
08  they  relate  to  them,  and  pay  for  board  and  passage 
out  and  home,  to  wit,  those  who  eat  in  the  master's 
cabin,  fifteen  stivers  per  day,  and  those  who  go  and 
eat  in  the  orlop,  shall  have  their  board  and  passage 
gratis,  and  in  case  of  an  attack,  olfensive  or  defensive, 
they  shall  be  obliged  to  lend  a  hand  with  the  others, 
on  condition  of  receiving,  should  any  of  the  enemy's 
ships  be  overcome,  their  share  of  the  booty  pro  rata, 
each  according  to  his  quality,  to  wit — the  Colonists 
eating  out  of  the  Cabin  shall  be  rated  with  the  sea- 
men, and  those  eating  in  the  cal)in  with  the  Com- 
pany's servants  who  board  there  and  have  the  lowest 
rate  of  pay. 

In  the  selection  of  lands,  those  who  shall  have 

?t  notified  and  presented  themselves  to  the  Com- 

.ny,  whether  Patroons  or  private  Colonists,  shall  be 
preferred  to  others  who  may  follow. 

"  In  case  any  one  i»e  deceived  in  selecting  ground, 
or  should  the  place  by  him  cho.-en  afterwards  not 
please  him.  he  will,  upon  previous  representation  to 
the  Governor  and  Council  then  be  at  liberty  to  select 
another  situation. 

"  For  Patroons  and  Feudatories  of  New  Nether- 
land, shall  be  acknowledged  all  such  as  shall  ship 
hence,  and  plant  there  a  Colonic  of  fifty  souls,  above 
fifteen  ye.irs  of  age,  within  the  space  of  three  years 
after  having  made  a  declaration  and  given  notice 
thereof  to  some  Chamber  of  the  Company  here  or  to 
the  Governor  there;  namely,  one-third  part  within 
the  year,  and  so  forth,  from  year  to  year,  until  the 
number  be  completed;  on  pain  of  losing,  through 
notorious  neglect,  the  obtained  Freedoms  and  cattle. 
But  they  shall  be  warned  that  the  Company  reserves 
the  Island  Manhattes  to  itself. 

"  All  Patroons  and  Feudatories  shall,  on  requesting 
it,  be  granted  Vtnia  Teatamli,  or  the  power  to  dispose 
of,  or  bequeath,  his  fief  by  Will. 

"For  Masters  or  Colonists,  shall  be  acknowledged, 
those  who  will  remove  to  New  Netherland  with  five 


THE  ORIGIN   AND  HISTORY  OF  THE   MANORS. 


fiS 


hiiuIh  u))(>ve  filtecn  yenrx;  to  all  nuch,  nur  Governor 
lilt  re  mIihII  grant  in  property  one  hundri-d  niorgens, 
UliiiivlHnd  nicH^ure,  of  land,  contiguous  one  to  the 
ollu'r,  wherever  they  pleHHU  to  i»elect. 

"  And  the  I'atroons,  of  theinitelves  or  by  their 
ap;entH,  at  the  places  where  they  will  plant  their 
ColonieH,  ghall  have  the  privilege  to  extend  the  latter 
one  mile  (conHiitting  of,  or  eBtiuiated  at,  lOUO  Rhine- 
hind  perches)  along  the  coaxt,  hay,  or  a  navigable 
river,  and  two  contiguous  niileit  landward  in  ;  it  being 
well  understood,  that  no  two  I'atroonHhips  shall  be 
selected  on  both  sides  of  a  river  or  bay,  right  opposite 
to  each  other ;  and  that  the  Company  retains  to  itself 
the  property  of  the  lands  lying  between  the  limits  of 
the  Colonies,  to  disposic  thereof  hereafter  according 
to  its  pleasure;  and  that  the  Patroons  and  Colonists 
shall  be  obliged  to  give  each  other  an  outlet  and  issue, 
{ui/tlewteghen  ende  uytlewatertn)  at  the  nearest  place 
and  at  the  smalle.it  expense;  and  in  case  of  disagree- 
ment, it  shall  be  settled  in  the  presence  and  by  the 
decision  of  the  (Jovernor  for  the  time  being, 

"The  Patroons  shall  forever  pocsest  all  the  lands 
situate  within  their  limits,  together  with  the  produce, 
HUperticies,  mineral.-*,  rivers  and  fountains  thereof,  I 
with  high,  low  and  middle  jurisdiction,  hunting,  tirsh- 
iii^,  fowling  and  milling,  the  lands  remaining  allodial, 
but  the  jurisdiction  as  of  a  perpetual  hereditary  Kef, 
devolvable  by  death  as  well  to  females  as  to  males,  and 
fealty  and  homage  for  which  is  to  be  rendered  to  the 
Company,  on  each  of  such  occasions,  with  a  pair  of 
iron  gauntlets,  redeemable  by  twenty  guilders  within 
.  year  and  six  weeks,  at  the  Assembly  of  the  XIX., 
here,  or  before  the  Governor  there;  with  this  under- 
standing, that  in  case  of  division  of  said  fief  or  juris- 
diction, be  it  high,  middle  or  low,  the  jjarts  shall  be 
and  remain  of  the  same  nature  as  was  originally  con- 
ferred on  the  whole,  and  fealty  and  homage  nnist  be 
rendered  for  each  part  thereof  by  a  pair  of  iron 
gauntlets,  redeemable  by  twenty  guilders,  as  afore- 
said. 

"And  should  any  Patroon,  in  course  of  time,  hap- 
pen to  prosper  in  his  Colonic  to  such  a  degree  as  to 
be  able  to  found  one  or  more  towns,  he  shall  have 
authority  to  appoint  officers  and  magistrates  there, 
and  make  use  of  the  title  of  his  Colonic,  according 
to  the  pleasure  and  the  quality  of  the  persons,  all 
saving  the  Company's  regalia. 

"  And  should  it  happen  that  the  dwelling  places  of 
private  Colonists  become  so  numerous  as  to  be  ai  - 
counted  towns,  villages  or  cities,  the  Company  shall 
give  orders  respecting  the  subaltern  government, 
magistrates  nnJ  ministers  of  justice,  who  shall  be 
norain  ted  !■  thssr.id  towns  and  villages  in  a  triple 
number  of  >:>c  ocst  qualified,  from  which  a  choice 
and  select-  :.'  's  to  be  made  by  the  Governor  and 
Council ;  ani  those  shall  determine  all  questions  and 
suits  -^-'ithin  vheir  district. 

"The  P.;.'.-oon8  who  will  send  Colonies  Ihither, 
shall  furnish  them  with  due  instruction  agreeably  to 


the  mode  of  government  both  in  police  and  justice 
establi-hvd,  or  to  be  established,  by  the  Assi'iiibly  of 
the  XIX.,  which  they  shall  first  exhibit  to  the  Direc- 
tors of  the  respective  Chambers,  and  have  a]iproved 
by  the  Assembly  of  the  XIX. 

"  The  Patroons  and  Colonists  shall  have  the  privi- 
lege of  sending  their  {icople  and  property  there  in 
the  Company's  ships,  on  condition  of  swearing  alle- 
giance, and  paying  to  the  Company  for  the  convey- 
ance of  the  people,  as  in  the  first  article,  and  for 
freight  of  the  goods  requisite  for  their  bouwery,  five 
per  cent,  on  the  cost  of  the  goods  here,  without,  how- 
ever, including  herein  the  cattle,  on  the  freight  of 
which  the  Company  shall  bo  liberal. 

"  llut  in  case  it  should  come  to  pass  that  the  Com- 
pany have  no  ships  to  dispatch,  or  that  there  be  no 
room  in  the  sailing  vessels,  in  such  a  case  the  Patroons 
and  Colonists  can,  upon  previously  communicating 
their  determination  to,  and  obtaining  the  constnt  of 
the  Company  in  writing,  send  their  own  ships  thither, 
provided,  in  going  and  returning,  they  shall  not  leave 
the  ordinary  track  laid  down,  and  take  a  supercargo, 
whose  board  shall  be  at  the  expense  of  the  Patroons 
or  Colonists,  and  whose  wages  shall  be  paid  by  the 
Ciimjjany ;  on  pain,  in  case  of  contravention,  of 
forfeiting  their  ship  and  goods  to,  and  for  the  behalf 
of,  the  Company,  it  remaining  optional  with  the 
Patroons,  during  the  term  of  the  current  grant,  and 
no  longer,  to  convey  over  their  cattle,  wares  and 
people  in  the  Company's  ships,  in  their  own  or  in 
chartered  vessels. 

"  And,  whereas,  it  is  the  Company's  intention  first 
to  settle  the  Island  of  the  Manhattes,  it  shall  pro- 
visionally be  the  staple  of  all  produce  and  wares 
accruing  on  the  North  river  and  the  country  there- 
about, before  they  can  be  sent  further,  except  those* 
which  by  nature  itself  are  useless  there,  or  cannot  bo 
brought  there  except  with  great  loss  to  the  owners,  in 
which  case  the  latter  shall  be  bound  to  give  timely 
notice  of  such  inconvenience  to  the  Company  here, 
or  to  the  Governor  and  Council  there,  that  it  be  pro- 
vided for,  according  as  the  circumstances  shall  be 
found  to  require. 

"  All  Patroons,  Colonists  and  inhabitants  there,  as 
well  as  the  stockholders  in  the  Company  here,  shall 
be  privileged  to  sail  and  trade  to  the  entire  coast, 
from  Florida  to  Newfoundland,  on  the  following  con- 
ditions:— 

"  First,  that  all  goods  which  will  be  sent  hence  for 
sale  there,  whether  freighted  by  the  Company,  or  by 
Colonists,  or  the  stockholders  themselves,  must  be 
brought  into  the  Company's  stores  for  inspection  and 
payment  of  the  proper  duties,  to  wit :  ten  per  cent, 
on  the  cash  cost  of  the  article  here,  besides  convoy- 
freight  and  average,  an  agreement  being  made  for  the 
freights  of  what  may  be  sent  in  the  Company's  ships; 
and  bulk  will  not  be  allowed  to  be  broken  any  where 
except  at  the  Manhattes,  or  such  place  as  the  Com- 
pany here  may  order,  so  as  to  be  at  liberty,  after 


S6 


HISTORY  OF  WESTCHESTER  COUNTY. 


proper  inspection  of  their  louding  and  the  entry 
thereof,  to  depurt  to  whatever  place  they  think 
proper. 

"  And  on  the  other  wares  which  will  be  sent  thence 
hither,  shall  be  paid  here,  over  and  above  the  convoy 
duty  granted  by  the  State  to  the  Company,  five  per 
cent.,  according  to  the  valuation  to  be  made  here,  on 
such  penalty  as  aforesaid  ;  but  an  agreement  must  be 
made  with  the  Governor  and  Council  there,  for  the 
freight  of  any  of  the  goods  that  are  being  sent  from 
there  in  the  Company's  ships,  as  aforesaid  ;  and  on 
all  beavers,  otters  and  other  peltries,  which  will  be 
gent  from  there  here,  shiUl  be  paid  to  the  Governor 
and  Council  there,  ten  per  cent.,  all  in  kind,  and  due 
receipt  for  the  payment  thereof,  shall  be  brought 
along,  on  pain  of  confiscation  of  all  the  furs  which 
will  be  found  not  to  have  paid  any  thing  fur  the  be- 
hoof of  the  Company,  and  with  that  to  be  exempt 
from  further  duty. 

"  And  in  case  said  private  ships,  in  going  or  com- 
ing, or  in  ranging  along  the  coast  from  Florida  to 
Newfoundland,  happen  to  capture  any  |iri/.es,  they 
shall,  in  like  manner  be  obliged  to  bring  the  same,  or 
to  cause  the  same  to  be  brought,  to  the  Governor  and 
Council  in  New  Netherland,  or  to  the  Chamber 
whence  they  respectively  sailed,  to  be  rewarded  by 
them,  and  the  third  part  thereof  shall  be  retained  for 
the  Company,  before  deducting  his  Highness'  and  the 
State's  portion,  the  two  other  third  j)arts  for  them- 
selves, in  return  for  their  incurred  expenses  and  risk, 
ail  in  pursuance  of  the  Company's  order. 

"  In  like  manner  they  shall  not  be  at  liberty  to  de- 
part thence  with  their  goods  obtained  in  barter,  with- 
out first  returning  to  the  said  place,  to  enter  their 
goods  there  and  to  obtain  proper  clearance,  signed  by 
the  Governor  and  Council,  and  they  shall  be  bound 
to  return  to  this  country,  with  their  ships  and  yachts, 
to  the  place  they  sailed  from,  in  order  to  discharge 
all  their  freight  into  the  Company's  stores,  according 
to  the  register  and  clearance  to  be  brought  from 
thence,  on  pain  of  forfeiting  their  ship  and  goods  for 
the  Company's  behoof,  should  they  go  and  break 
bulk  elsewhere,  or  have  any  unregistered  goods  on 
board. 

"  The  Company  promises,  during  the  continuance 
of  the  present  charter  and  no  longer,  not  to  burden 
the  Patroons  and  Colonists  in  that  country,  either 
with  customs,  toll,  excise,  imposts  or  any  other  con- 
tributions, and  after  the  expiration  hereof,  at  farthest, 
with  no  greater  duty  than  is  imposed  on  goods  in  this 
country. 

"  The  Company  shall  not  take  from  the  service  of 
Patroons  or  Colonists,  their  man  servants  or  maid 
servants,  even  though  some  person  should  solicit  it; 
nor  receive  them,  nmch  less  sutler  them  to  go  from 
their  master's  service  to  that  of  another,  during  the 
term  of  such  years  as  they  are  bound  for;  and  if  any 
man  servant  or  maid  servant  run  away,  or  take  his 
freedom  contrary   to  contract,  the  Company   shall, 


according  to  its  means,  cause  such  to  be  delivered 
into  the  hands  of  their  masters,  to  be  proceeded 
against  according  to  the  circumstances  of  the  case. 

"  From  all  definitive  judgments  pronounced  by  the 
Courts  of  the  Patroons  or  Colonists,  for  an  amount 
exceeding  one  hundred  guilders,  or  from  such  as  en- 
tail infamy,  also  from  all  sentences  pronounced  in 
matters  criminal,  on  ordinary  prosecution,  conform- 
able to  the  custom  of  this  country,  an  appeal  shall  lie 
to  the  Governor  and  Council  of  the  Company  in  New 
Netherland. 

"All  Patroons,  Colonists  and  inhabitants  are  al- 
lowed free  hunting  and  fishing,  both  by  land  and  by 
water,  generally  in  public  woods  and  rivers  in  the 
extent  of  their  lands,  according  to  the  order  to  be 
made  thereupon  by  the  Governor  and  Council ;  and 
the  Patroons  exclusively  within  the  limits  of  their 
Colonies,  with  the  clear  understanding  that  the 
Governor  and  Council  shall  not  be  excluded  there- 
from. 

"  All  Patroons,  inhabitants  or  Colonists,  are  also 
allowed  to  send  ships  along  the  coast  of  New  Nether- 
land and  the  countries  circumjacent  thereunto,  to  fish 
for  Cod,  Ac,  and  to  proceed  with  the  catch  straigh' 
to  Italy  or  other  neutral  countries,  on  condition  of 
paying  to  the  Company  for  duty,  in  such  case,  six 
guilders  per  last,  and  on  coming  here  with  their 
freight,  it  shall  be  allowable  and  suiruient  to  pay  the 
Company  the  custom  dues  alone,  without  conveying, 
under  pretence  '-f  this  consent,  any  other  goods  else- 
where, on  pain  >  arbitrary  punishment,  it  remaining 
at  the  pleasure  of  the  C;)mpany  to  put  a  supercargo 
on  board  each  ship,  on  such  conditions  and  terms  aa 
hereinbefore  set  forth. 

"  If  any  Patroons,  inhabitants  or  Colonists  happen 
by  their  industry,  diligence  or  otherwise  to  discover 
any  minerals,  precious  stones,  crystals,  marbles,  pearl- 
fisheries  or  such  like  within  the  limits  of  their  lands, 
all  such  Patroons  and  Colonists  shall  give  one-fifth 
part  of  the  nett  proceeds  to  the  Company,  which  for 
this  purpose  shall  have  the  power  to  appoint  one  or 
more  inspectors,  at  the  charge  of  said  mines  and 
pearlfisheries;  but  any  one  finding  such  without  their 
limits,  the  same  shall  belong  to  the  Company  on  pay- 
ing the  discoverer  such  premium  aa  the  merits  of  the 
case  shall  demand. 

"The  Company  shall  take  all  Colonists,  whether 
free  or  bound  to  service,  under  their  protection,  de- 
fend them  as  far  as  lies  in  their  power  with  the  force 
which  it  has  there,  against  all  domestic  and  foreign 
wars  and  violence,  on  condition  that  the  Patroons  and 
Colonists  shall,  in  such  case,  put  themselves  in  a  suit- 
able state  of  defence  for  which  purpose  each  male 
emigrant  shall  be  obliged  to  provide  himself,  at  hia 
own  expense,  with  a  gun  or  musket  of  the  Company's 
regular  calibre,  or  a  cutlass  and  side  arms. 

"And  no  other  Religion  shall  be  publicly  admitted 
in  New  Netherland  except  the  Reformed,  as  it  is  at 
present  preached  and  practiced  by  public  authority 


THE   ORIGIN   AND  HISTORY  OF  THE   MANORS. 


67. 


in  the  United  Netherlands  ;  and  for  thia  purpose  the 
Compnny  shall  provide  and  maintain  good  and  suit- 
able preachers,  schoolmasters  and  comforters  of  the 
sick. 

"The  particular  Colonies  which  happen  to  lie  on 
the  respective  rivers,  bays  or  islands  shall  have  the 
privilege  (to  wit,  each  river  or  island  for  itself)  of 
designating  a  deputy  who  sliall  give  the  Governor 
and  Council  of  that  country  information  resjjecting 
his  Colonic,  and  promote  its  interests  with  the  Coun- 
cil :  one  of  which  deputies  shall  be  changed  every 
two  years,  and  all  the  Colonies  shall  be  obliged  to 
communicate  to  the  Governor  and  Council  there  a 
pertinent  report,  at  least  every  twelve  months,  of  their 
condition  and  of  the  lands  in  their  vicinity. 

"  The  Company  shall  exert  itself  to  provide  the 
Patroons  and  Colonists,  on  their  order,  with  as  many 
Blacks  as  possible,  without  however  being  further  or 
longer  obligated  thereto  than  shall  be  agreeable. 

"The  Company  reserves  unto  itself  all  large  and 
small  tythes,  all  waifs,  the  right  of  mintage,  laying 
out  highways,  erecting  forts,  nuiking  war  and  peace, 
together  with  all  wildernesses,  founding  of  cities, 
towns  and  churches,  retaining  the  8U|)reme  authority, 
sivereignty  and  supremacy,  the  interpretation  of  all 
obscurity  which  may  arise  out  of  this  Grant,  with 
such  understanding,  however,  that  nothing  herein 
contained  shall  alter  or  diminish  what  has  be  n 
granted  heretofore  to  the  Patroons  in  regard  to  high, 
middle  and  low  jurisdiction. 

"The  Company  shall,  accordingly,  ap])oint  and 
keep  there  a  Governor,  competent  Councillors, 
Officers  and  other  Ministers  of  Justice  for  the  pn  - 
tection  of  the  good  and  the  punishment  of  the 
wicked;  which  Governor  and  Councillors,  who  are 
now,  or  nuiy  be  hereafter,  appointed  by  the  Company, 
shall  take  cogni/'ince,  in  the  first  instance,  of  matters 
appertaining  tc  the  freedom,  supremacy,  domain, 
finances  and  rights  of  the  General  West  India  Com- 
pany;  of  complaints  which  any  one  (whether 
stranger,  ncighlmr  or  inhabitant  of  the  aforesaid 
country)  may  make  in  case  of  privilege,  innovation, 
dissuetude,  customs,  usages,  laws  or  pedigrees;  de- 
clare the  same  corrupt  or  a!<olish  them  as  bad,  if 
circumstances  so  dcniand  ;  of  tl;e  cases  of  minor 
children,  widows,  orphans  and  other  uiifortunate  per- 
sons, regarding  whom  complaint  shall  first  be  made 
to  the  Council  holding  prerogative  jurisdiction  in 
order  to  obtain  justice  there;  of  all  contracts  or 
ol)ligations ;  of  matters  pertaining  to  possession  of 
benefices,  fiefs,  oases  of  lesie  majestatis,  of  religion 
and  all  crimin;il  matters  and  excesses  prescribed  and 
unchallenged,  and  all  persons  by  prevention  may 
receive  acquittance  from  natters  there  complained  of; 
and  genenily  take  cognizance  of,  and  administer  law 
and  justice  in,  all  cases  appertaining  to  the  suprem- 
acy of  the  Company." 

Owing  to  the  difficulties  which  arose  at  the  close 
of  Kicft's  administration,  and  continued  during  the 
6 


earlier  years  of  that  of  Stuyvesant,  between  the 
Commonalty  of  New  Netherland  and  the  West  India 
Company  as  represented  by  those  Directors,  growing 
out  of  the  restrictions  upon  trade  and  traders  estab- 
lished by  the  Company  and  strictly  enforced  by  their 
officers,  the  States-General,  after  the  delegates.  Van 
der  Donck,  Couwenhoveu  and  Bout,  who  were  sent  by 
the  Commonalty  to  Holland,  had  explained  the  mat- 
ters in  question,  enacted  on  the  24th  of  May  1()50,  a 
third  Charter  of  "  Freedoms  and  Exemptions,"  which 
modified  somewhat  the  clauses  of  that  of  1640  re- 
lating to  trade,  and  the  administration  of  justice  in 
some  minor  points.'  It  did  not  however  vary  in  the 
least  the  principles  of  the  former  Charters,  or  the 
system  of  settlement  and  Colonization  by  them  fixed 
and  established  in  relation  to  land  and  its  tenure.  It 
is  therefore  unnecessary  to  refer  to  it  more  par- 
ticularly in  this  connexion.  These  three  were  the 
only  charters  of  "Freedoms  and  Exemptions,"  in 
force  in  New  Netherland  during  the  entire  Dutch 
domination. 

6 

The  Nature  of  the  Dutch  Stjstemt  of  Government  and 

Law  established  in  New  Netherland,  and  of  the 

Patroonahips  thtre. 

To  comprehend  the  system  of  government,  laws, 
and  religion,  established  in  New  Netherland,  through 
the  West  India  Company,  by  the  Dutch  republic  un- 
der these  Charters  of  Freedoms  and  Exemptions,  a 
brief  account  of  that  of  the  "Fatherland,"  or  "Pa- 
tria,"  as  that  republic  was  called  in  its  province  iu 
America,  must  be  given. 

The  form  of  government  of  the  Seven  Ignited  Prov- 
inces was  republican,  the  law  was  the  Iloman  law, 
and  the  church  was  the  established  Reformed  Church 
of  Holland  in  accordance  with  the  Synod  of  Dort. 
All  were  transplanted  to  New  Netherland,  and  there 
existed  and  flourished  until  its  capture  by  the  English 
in  1GG4.  Nine  years  later  when  the  Dutch  re-con- 
ipiered  it,  all  were  re-iniroduced,  a  Dutch  Governor 
re-appointed,  and  New  Netherland  replaced  in  its 
original  i)08ition,  except  as  to  the  names  of  its  three 
largest  towns  which  were  changed.  New  York,  as  the 
English  had  called  it,  was  re-nanicd  "New  Orange," 
Albany  was  re-named  "  Willenistadt,"  and  Kingston 
"Swanenburgh,"  instead  of  New  Amsterdam,  Bevcrs- 
wyek,  and  Wiltwyck,  their  original  a]>pcllations. 

The  Province  of  Holland  the  largest  of  the  seven 
United  Provinces  formed  at  an  early  period  a  por- 
tion of  the  Kingdom  of  the  West  Franks,  and  about 
the  year  922  fl:is  conferred  by  Charles  the  Simple 
upon  Count  Dirk,  who  thus  became  the  first  ''C(Hint 
of  Holland."  In  925  Charles  ceded  it  to  Henry  the 
Fowler,  King  of  the  East  Franks,  with  the  rest  of  the 
Kingdom  of  Lotharingia,  the  Count  of  Holland  still 
being  its  own  local  sovereign.    The  successive  Counts 


1 1.  Cut.  Uiit.,  401. 


58 


HISTORY  OF  WESTCHESTER  COUNTY. 


of  Holland  ruled  over  their  little  province,  to  which 
ill  the  cou'se  of  time  they  added  the  adjoining  prov- 
ince of  Zeeland,  for  four  hundred  year^  of  unbroken 
male  descent  when  their  race  died  out,  and  the  Count- 
ship  passed  into  the  hands  of  the  Counts  of  Hainault. 
From  them  it  devolved  upon  the  Dukes  of  Bavnria, 
the  last  representative  of  which  house  was  dispos- 
sessed by  Philip  the  Good,  Duke  of  Burgundy,  who 
held  the  rest  of  the  Netherlands  under  his  rule.  By 
the  marriage  of  his  daughter,  Mary  of  Burgundy,  with 
the  Archduke  Maximiliiin  of  Austria,  the  entire 
Netherlands  passed  from  the  House  of  Burgundy  to 
the  Imperial  House  of  Austria.  In  1496,  Philip  the 
Fair  married  Joanna,  daughter  of  Ferdinand  and 
Isabella  of  Castile  and  Arragon,  and  the  Netherlahds, 
through  this  marriage  came  under  the  dominion  of 
the  Kings  of  Spain.  Philip  the  Fair  was  succeeded  by 
his  only  son,  the  Emperor  Charles  the  Fifth,  who  was 
born  in  the  Netherlands,  and  ruled  the  country  as  a 
part  of  his  empire  till  1555,  when  he  abdicated  in  fa- 
vor of  his  son  Philij)  II.  By  Philip  II.  as  King  of 
Spain,  through  savage  persecutions  and  ferocious 
wars,  were  the  people  of  the  Netherlands  driven  into 
a  rebellion  and  war  of  Independence,  which  after  an 
heroic  struggle  of  forty  years  continuance,  was  suc- 
cessfully terminated  by  the  famous  twelve  years  truce 
of  160!).' 

One  of  the  strange  results  of  this  truce,  waa  the 
voyage  of  Hudson  in  search  of  a  western  passage  to 
Cathay,  and  his  momentous  discovery  of  the  Bay  of 
New  York  and  the  magnificent  river  which  has  im- 
mortalized his  name.  Another  remarkable  result, 
was  the  establishment  in  the  same  year  of  the  Bank 
of  Amsterdam,  which  so  long  ruled  the  exchanges  of 
Europe,  and  through  which,  the  financial  transactions 
of  the  first  merchants  and  Patroons  of  New  Nether- 
l.ind  were  subsequently  carried  on. 

During  the  whole  period  in  which  these  different 
Princes,  Kings,  and  Emperors,  possessed  the  Nether- 
lands, they  ruled  the  jirovinces  of  Holland  and  Zee- 
land,  which  together  comprised  about  five-eighths  of 
the  area  of  the  "  United  Provinces,"  not  in  their 
royal  cajjacities,  but  as  "  Counts  of  Holland."  These 
two  Provinces  with,  Friesland,  Groiiingen,  Utrecht, 
(iueldcrland,  and  Ovcryssel,  comprising  the  other 
three-eighths  of  the  Netherlands,  formed  the  "  Seven 
United  Provinces"  of  the  Republic,  which  founded 
(.'hristian  government  and  Christian  civilization  in 
New  York. 

What  was  the  nature  and  constitution  of  this  Repub- 
lic? A  Republic  which  not  only  established  its  own 
independent  existence  as  one  of  the  nations  of  Eu- 
rope, but  humbled  forever  the  jiride  and  power  of 
Spain  then  one  of  the  greatest  of  those  nations.  A 
Republic  which  founded  in  the  New  World  a  system 
of  government,  the  principles  of  which  to-day  form 


'Miui»lni|i'8    IiitriMluctlcin  to  Ills  traimlutiuii  uf  Grutlus'  tivnliiie   on 
Iiutcb  Jurtniiniiliinci.',  (>.  iv. 


the  'basis,  upon  which  rests  the  constitution  of  that 
greater  Republic  which  under  the  name  of  the  United 
States  of  America  dominates  the  Western  Hemi- 
sphere. 

The  Republic  of  the  Netherlands  was  a  small  conn- 
try,  in  area  but  a  trifle  larger  than  Wales,  but  its 
po|)ulation  of  about  two  millions  in  1609,  of  Teutonic 
origin,  was  dense,  reliant,  and  self-supporting.  Each 
of  the  seven  provinces  into  which  it  was  divided  con- 
tained a  number  of  cities  and  large  towns,  each  gov- 
erned by  a  Board  of  Managers  styled  a  '  Vroedschap.' 
These  Boards  of  Managers  were  self-electing  close  cor- 
porations, the  members  of  wliich  were  appointed  for 
life  from  the  general  body  of  the  citizens.  Whenever 
vacancies  occurred  these  Boards  either  filled  them  by 
a  direct  election  of  new  members,  or  by  making  a 
double  or  triple  nomination  of  names,  and  submitting 
them  to  the  Stadtholder,  or  Governor,  of  the  prov- 
ince, who  selected  one  to  fill  the  vacancy.  This 
Stadtholder  was,  originally,  the  representative  of  the 
Count,  or  the  Sovereign,  but  at  the  period  of  which 
we  are  treating,  he  was  elected  by  a  body  called  the 
"States-Provincial"  of  each  Province,  which  con- 
sisted of  deputies  elected  by  the  Boards  of  Managers 
and  Nobles  of  the  Province.  These  "States  Provin- 
cial" managed  all  the  affairs  of  each  Province  for  it- 
self, the  Provinces  in  their  domestic  concerns  being 
entirely  independent  of  each  other.  They  were  the 
representative  assemblies  of  the  numerous  Munici- 
palities and  Nobles  of  which  each  Province  was  com- 
posed. The  "States  Provincial"  had  also  conferred 
upon  them,  another,  and  most  important,  power,  one 
which  then  existed  in  no  other  part  of  the  civilized 
world.  For  neither  in  the  Swiss  republic,  nor  in  the 
Italian  republics  of  the  middle  ages,  did  a  precisely 
similar  power  exist.  This  was  the  election  of  envoys 
to  the  Sujirerae  Legislature  of  the  republic, — the 
States  General.  The  members  of  this  body  so  elected 
were  not  representatives  in  the  usual  sense  of  that  term 
but  envoys  from  their  respective  Provinces  to  the  Su- 
preme Parliament  of  the  nation,  in  which  each  Prov- 
ince, though  it  could  have  as  many  envoys  as  it  pleased, 
had  but  one  vote.  These  envoys  were  bound  by  in- 
structions in  writing  from  their  constituents  the 
"States  Provincial,"  whom  they  were  obliged  to  con- 
sult in  all  doubtful  or  new  matters  before  acting  upon 
them.  Neither  war  nor  peace  could  be  made,  nor 
troops  nor  .noney  raised,  without  a  unanimous  vote 
of  the  whole  seven  Provinces  by  their  envoys  in  the 
States-General.  The  title  of  this  Sujjrcme  Council  of 
Parliament  of  the  Republic,  was  "  The  High  and 
Mighty  Lords  the  States-General."  It  received  am- 
bassadors, api)ointed  its  own  to  other  nations,  and 
conducted,  wholly,  the  foreign  relations  of  the  repub- 
lic. Each  Province,  by  one  of  its  deputies  or  envoys 
presided  in  turn  for  a  week.  Its  Greflicr,  or  Clerk 
read  all  papers,  put  all  questions  to  vote,  and  an- 
nounced the  result.  Its  sessions  were  held  at  the 
Hague,  in  a  very  handsome  oblong  apartment  in  the 


THE  ORIGLX   AND   HISTORY  OF   THE  MANORS. 


sa 


Biniienhof,  the  old  palace  which  ibrined  a  part  of  the 
ancient  chateau  of  the  Counts  of  Holland,  which  re- 
mains to  this  day." 

In  these  Independent  "  States  Provincial,"  their 
representative  env(.ys,  and  the  States-General  in  which 
they  sat,  we  see  the  origin  of  the  Independeut  Sover- 
eign states  of  the  Federal  Constitution  of  1787,  the 
Senators  who  represent  those  Sovereign  State.t,  and 
that  great  hody,  the  Senate  of  the  United  States  of 
America,  in  which  they  sit.  So  ancient  and  honor- 
able is  that  system  and  doctrine  of  State  rights, 
upon  the  continued  preservation  of  which  in  their 
integrity  depends  the  existence  of  the  American 
Union. 

The  source  of  power  in  the  "  States  Provincial  "  of 
Holland  was  in  the  constituencies  of  the  deputies  to 
them  who  were  the  Municipal  Councils  of  the  towns 
and  cities,  and  the  College  of  Nobles,  by  which  the 
deputies  were  elected.  To  th"m  was  each  deputy 
responsible,  and  under  their  instructions  alone  he 
acted. 

Holland  was  an  aggregate  of  independent  towns  and 
cities  each  administering  its  own  taxation,  finances, 
and  domestic  allairs,  and  making  its  own  ordinances. 
Its  inhabitants  were  not  on  an  equality.  To  entitle 
a  nuin  to  every  municipal  franchise,  he  must  have  ac- 
<liiirfd  the  greater  or  lesser  burger-right — "  buryer 
recht" — either  by  inheriting  it,  by  marriage,  or  by 
purchase.  In  the  latter  case  a  larger  sum  was  re- 
(piired  for  the  great  burger  right  and  a  smaller  sum 
for  the  lesser.  In  either  case,  however,  the  amount 
was  not  very  large.  Only  a  year's  previous  re.-idence 
was  necessary  for  any  foreigner  to  obtain  it.  The 
privileges  it  conferred  were,  freedom  of  trade,  exemp- 
tion from  tolls,  special  privileges  and  [ireferences  in 
the  conduct  of  lawsuits,  and  an  exclusive  eligibility 
of  election  to  municipal  ottice.  The  privileges  of  the 
two  classes  of  burghers  varied  only  in  degree.  The 
city  and  town  governments  consisted  of  a  Board  of 
lUirgoniiisters  and  Scliepens,  and  a  Sellout,  that  is  a 
Board  of  magistrates  and  aldermen,  and  a  sheritt"  who 
was  also  a  prosecuting  officer. 

These  Burgomasters  and  Schepens,  provided  for  the 
liublic  safety,  attended  to  police  matters,  called  out 
the  military  when  needed,  assessed  all  taxes,  and  ad- 
ministered all  financial,  and  civic  matters.  They 
were  elected  either  by  the  general  body  of  (he  citizens 
possessing  a  small  property  (pialification,  or  by  the 
'■  Vroedschapen,"  or  Boards  of  Managers  mentioned 
before,  who  were  themselves  elected  by  the  general 
body  of  qualitied  citizens,  the  custom  varying  in  dif- 
ferent towns  and  Provinces. 

Such  was  the  form  of  political  liberty  wliieh  con- 
stituted the  great  strength  of  the  Dutch  Republic, 
by  which  it  conciuered  its  own  independence  of 
Spain,  and  which  it  carried  to,  and   established  in, 

1  Miuudurp'a  IntruUuctiuu  tu  kli  truuelalluu  uf  UruUus,  vi,  I.  BroJ. 
lllat.  N.  Y.,  454. 


New  York.'^  It  is  well  summed  up  by  Brodhead  in 
these  words,  "The. self-relying  burghers  governed  the 
towns;  the  representatives,  of  the  towns,  and  of 
the  rural  nobility,  governed  the  several  I'rovinces, 
and  the  several  States  of  the  respective  Provinces 
claimed  supreme  jurisdiction  within  their  own  pre- 
cincts." The  system  of  the  Dutch  Republic  was  a 
thorough  system  of  town  government,  expanded  to 
meet  the  needs  of  a  national  governmental  organi- 
zation. It  was  also  a  strikingly  conservative  as  well 
as  effective  form  of  government,  and  after  the  termiua- 
tion  of  the  twelve  years  truce  with  Spain  in  1621,  it 
enabled  the  Netherlands  to  carry  on  that  brilliant 
series  of  hostilities  against  Spain  which,  in  1648,  re- 
sulted in  her  final  acknowledgment  of  the  United  Pro- 
vinces as  an  Independent  Nation.''  Siibsetjuently  to 
that  event  the  Republic  enlarged  and  increased  the 
machinery  of  her  government — Jevelojiing  it  further 
upon  the  same  principles  to  meet  the  enlarged  sphere 
of  action  upon  which  she  had  entered,  but  this  il 
is  unnecessary  to  describe  here. 

There  was  in  this  system  of  government  one  princi- 
ple which  must  be  particularly  noticeil,  one  which 
has  had  but  scant  mention  from  American  historians, 
and  yet  upon  it  rests  the  system  of  colonization  begun 
by  the  Dutch  in  New  Netlierland,  and  that  is  the 
rights,  powers,  privileges,  and  position  of  the  nobles 
of  the  Netherlands  in  the  government  of  their  native 
land. 

The  Dutch  people  of  the  United  Provinces  at  the 
date  of  Hudson's  discovery  of  New  Netlierland,  and 
during  the  jjcriod  of  its  settlement  and  possession  by 
that  Republic  consisted,  by  their  own  law,  of  two 
classes,  "Nobles"  and  "Commoneis."  The  Com- 
moners were  subdivided  into  "Gentlemen  by  birth," 
[  and  "Common  jieople."  Thus  practically  making 
three  classes  of  Dutch  citizens. 

They  are  thus  described,  and  the  definition  of  each 
given,  by  the  most  famous  of  the  great  lawyers  of 
Holland;—* 

"  From  descent  comes  the  distinction  whereby  some 
are  born  Noble  and  some  Commoners. 

Noble  by  birth  are  those  sprung  from  a  father 
whose  ancestors  have,  from  times  of  old,  been  ac. 
knowledged  as  noble,  or  who  was  himself  ennobled 
by  the  sovereign. 

For  some  families  have  held  their  rank  for  a  period 
so  far  distant,  and  so  fully  acknowledged,  that  no 
proof  is  necessary.  Other  families  have  been  en- 
nobled from  services,  or  I'avors  subseijuently  bestowed. 

Commoners  were  formerly  of  two  classes,  such  as 
Gentlemen  by  birth  and  the  common  people. 

'''First  loitriiiHl  ill  Ilulliitiil  l<y  tliu  EiiKlixli  siiir uxMiirl  ItinwnintH  it 
\v»8  carried  by  tlicm  tu  PlyiiKiiitli  tlicir  liuw  hiiliie  (icrum  tliu  Atlimtii', 
iinil  wiiH  lliiiH  tli«  iiiigiii  uf  till!  town  mill  tuwnsliip system eatnlillahod  iu 
New  KiiKliiiiii.  • 

3 1.  Sir  Will.  Temple's  Wurks,  (W,  70,  I'jn,  1'27,  l.'ll,  1.11)-I42. 

<(irotiiir',  ill.  XIV.  ;  iilsu  iiute  IX.  tu  Ueiisuu's  Miiiiuir,  II.  N,  Y.  Hist. 
Coll.,  2d  serli'F,  p.  W8. 


60 


HISTORY   OF  WESTCHESTER   COUNTY. 


It  seems  formerly  that  Gentlemen  by  birth  were 
those  who  from  generation  to  generation  were  de- 
scendwl  from  free  and  honorable  persons.  These, 
being  favoured  by  dilferent  Counts  [of  Holland],  and 
especially  by  Count  Floris,  who  was  disliked  by  the 
nobles  (which  gave  rise  to  a  conspiracy  against  him 
and  ultimately  to  his  death),  had  a  right  to  wear 
arms  publicly,  as  a  token  of  descent,  to  ride  with  a 
spur,  and  be  exempt  from  taxes.  At  present  [1620, 
in  which  yearGrotius  wrote]  all  these  matters,  together 
with  others,  having  become  general  by  i)ractice,  the 
only  distinction  is,  that  those  who  are  gentlemen  born 
are  selected  as  judges  of  the  Bailiff's  Court,  in  the 
place  of  vassals  [or  tenants],  and  were  consequently 
exempt  from  serving  in  the  officeof  schepens,  or  civic 
magistrates." 

The  8even  United  Provinces  were  composed  of 
the  patroonships  of  nobles,  cities,  and  towns,  the 
two  latter  possessing  municipal  privileges,  or  rather, 
lirivileges  as  nuinicipalities,  similar  to  those  possessed 
as  individuals  by  the  nobles.  Both  originated  in  the 
ancient  Teutonic  system  of  military  tenures  modified 
by  the  Roman  law  and  the  spirit  of  commercial  enter- 
jirise.  There  were  then  in  the  United  Provinces,  no 
small  independent  farms;  isolated  houses  scattered 
through  the  country  did  not  exist.  The  people  dwelt 
in  the  towns  and  cities,  and  only  the  nobles  on  large 
estates  in  the  country  with  great  buildings,  strong- 
holds, and  sometimes  churches,  to  accommodate 
themselves  and  their  numenms  retainers  whom  they 
were  bound  to  ])rotect.  In  the  single  province  of 
Holland  alone,  the  largest  of  the  seven  jjrovinces  of 
the  republic,  thuiv  existed,  and  had  existed  for  more 
than  a  century  prior  to  the  Discovery  of  New  Nether- 
liind,  three  hundred  of  these  Patroonships,  or  fiefs  as 
they  were  called,'  to  the  mutual  advantage  of  their 
owners  and  their  tenants  or  vassals,  as  the  then 
flourishing  and  powerful  condition  of  the  Dutch  re- 
public fully  1        OS. 

There  wa>  >  clashing  of  intereits  between  the 
nobles,  the  commoners,  and  the  municipalities.  Each 
held  their  rights  and  privileges  from  the  same  sover- 
eign authority.  The  latter  were  in  fact  incorporated 
nobles,  so  to  speak.  The  peo[)le  of  the  towns,  as  the 
military  features  of  the  feudal  system  gradually 
weakened,  demanded  and  obtained  of  the  Sovereign 
authority,  Count,  King,  or  Emperor,  the  same  rights 
and  privileges  as  a  body,  which  the  nobles  possessed 
individually.  The  Sovereign,  as  Lord  Paramount, 
granted  these  as  they  were  desired,  for  he  was  per- 
fectly willing  that  the  people  of  the  tQwns  should 
commute  for  specific  annual  sums  the  military  and 
other  feudal  services  to  which  he  was  entitled,  just 
as  the  nobles  did.  The  people,  however,  in  the 
Dutch  provinces,  always  claimed  and  demanded  the 
right  to  fix  the  amount  of  these  annual  sums  them- 
selves.   This  was  always  granted,  and  they  ever  held 


1 1.  O'CuU.  13n2. 


tenaciously  to  this  right  of  taxing  themselves.  In 
this  manner  town  cor])orations  and  city  corporations 
originated,  in  the  Netherlands,  and  as  such  were  in 
ftill  vigor,  with  a  happy,  flourishing,  ii"'l  united 
population,  not  only  when  New  Netherlii  was  dis- 
covered, but  for  a  very  long  period  preo  mg  that 
event.  The  magistrates  of  these  municipalities, 
chosen  by  the  people  themselves,  were  the  means  by 
which  they  were  united  with  the  Sovereign  power, 
and  through  which  the  latter  communicated  with  the 
people  of  the  municipalities  themselves,  just  as  the 
nobles  were  the  point  of  union  and  communication 
between  the  same  Sovereign  power  and  their  own  vas- 
sals or  tenants. 

The  nobles  formed  a  distinct  House  or  College  in 
each  i)rovince,  and  sent  deputies  to  the  States  of  the 
Province,  and  the  States-General,  and  also  to  the  three 
Councils,  of  State,  Accounts,  and  Admiralty.  In  the 
Council  of  State  their  deputy  was  the  President,  and 
in  the  States-General  his  was  the  first  vote"  cast. 
"The  Dutch  Nobility"  says  the  English  author  of 
the  "Description  of  Holland"  in  1743,  seem  to 
observe  a  medium  between  the  loftiness  of  those  of 
the  same  rank  in  some  countries,  and  the  meanness  of 
others.  The  Italian  Nobility  do  not  scruple  to  trade: 
The  French  are  nicer:  yet  they  make  no  difficulty  to 
marry  a  tradesman's  daughter,  if  she  be  rich,  and 
thereby  capable  of  repairing  a  shattered  Estate.  The 
British  Nobility  do  not  differ  from  the  French  in  this 
respect.  The  Germans  abhor  trade;  and  perbaj)s  in 
efl'ect  of  the  general  barbarous  constitution  of  their 
country,  Tyrant  and  Slave,  disdain  to  mingle  their 
blood  with  that  of  base  plebeians,  though  their 
brethren  of  nature."" 

It  was  this  combined  and  harmonious  system  of 
mingled  municipalism  and  aristocracy,  which  gave 
the  United  Netherlands  their  great  power  and  made 
them  such  a  strong,  conservative,  and  successful 
nation.  It  was  a  system  they  had  tried,  and  under 
which  they  had  lived,  for  more  than  two  centuries, 
which  all  classes  approved,  and  with  which  they 
were  fully  satisfied  and  thoroughly  familiar.  Hence 
it  was,  that  when  the  West  India  Company  undertook 
to  colonize  New  Netherland,  they  naturally  adopted 
for  that  new  possession  the  same  system  which  they 
knew  had  always  worked  well  in  the  old,  which  they 
had  always  been  accustomed  to,  and  which  was  in 
entire  consonance  with  the  views,  habits,  mannei-s, 
and  customs,  of  the  people  of  the  Batavian  re- 
public. 

It  was  not  this  system  in  New  Netherland,  but  the 
ways  and  means  of  putting  it  into  operation  and  carry- 
ing it  out,  which  produced  the  delays,  disputes,  and 
changes,  that  began  soon  after  the  enactment  of  the 
charter  of  Freedoms  and  Exemptions  of  1629,  and  only 


■ "  Deacrlptiun  of  IloUuid,"  p.  7(1.  TIiIh  work, l)y  «n  Kiigllsliiimii,  rrsi. 
ilunt  rrom  Inruncy  in  llollnml,  wns  puljliahvd  in  1743,  and  Is  a  full,  fulr 
Khd  fftMxl  acroiiiit  of  timt  country. 

aiWd.,7U. 


THE  ORIGIN  AND   HISTORY   OF   THE  MANORS. 


61 


ended  with  the  adoption  of  the  revised  and  amended 
charter  of  Freedoms  and  Exemptions  of  1640. 

It  is  needful  to  consider  only  the  most  salient 
features  of  these  instruments,  for  a  simple  reading  of 
documents  themselves,  as  above  given  in  full,  will 
afford  the  best  possible  idea  of  the  nature  of  the  sys- 
tem of  colonization,  of  which  they  were  the  foun- 
dation, and  upon  which  rests  that  civilization,  which, 
increasing  and  improving  in  the  course  of  years,  and 
modified,  not  abrogated,  by  a  subsecjuent  change  of 
dominion  and  rulers,  now  constitutes  the  pride  and 
glory  of  the  great  Empire  State  of  New  York. 

They  were  drawn  in  accordance  with  the  views  and 
spirit  of  the  age  in  which  they  had  their  birth,  and 
should,  and  must,  be  judged  in  the  light  of  that  age 
if  we  Wimld  wish  to  form  a  fair  and  true  opinion  of 
them  and  the  system  they  established.  No  more  un- 
just, yet  more  common  erfor,  exists,  than  to  make  the 
views  and  spirit  of  thiS;  our  own  age,  the  standard  by 
which  to  judge  the  views,  spirit,  and  actions  of  every 
Hge  that  has  gone  before  it,  and  to  praise  or  condemn, 
accordingly. 

.Judged  by  the  lights  of  the  seventeenth  century 
these  charters  of  Dutch  Colonization  were  extremely 
free  and  liberal,  far  more  so  than  those  of  any  other 
nation  at  that  time.  It  must  be  remembered,  too, 
that,  they  were  the  work  of  an  armed  commercial 
organization,  of  the  nature  of  those  then  existing, 
intent  upon  its  own  interests,  as  well  as  tliose  of  the 
nation  to  which  it  belonged;  an  organization  equally 
wi'll  adapted  to  triumph  in  the  pursuits  of  peace,  or 
comiuer  in  those  of  war. 

Essentially  monoi)olies,  as  were  all  the  colonizing 
and  commercial  companies  of  that  era  in  England) 
and  in  all  the  other  European  nations,  the  charier 
of  Freedoms  and  Exemptions  of  lO'M  confined  its 
benefits  and  privileges  to  the  members  of  the  Dutch 
West  Indian  Company  by  which  it  was  granted. 
This  was  changed  by  that  of  1640  which  threw 
them  open  to,  "All  good  inhabitants  of  the 
Netherlands  and  all  others  inclined  to  plant 
:my  colonics  in  New  Netherland."  The  former 
acknowledged,  and  granted  the  rights,  powers, 
and  privileges,  of  Patroons,  as  they  then  existed 
•in  the  United  Provinces  of  the  Netherlands, 
to  those  who  would  plant  a  "colonic,"  (that  is  estab- 
lish a  plantation)  of  fifty  souls  above  fifteen  years  of 
age,  within  four  years  in  New  Netherland,  after  noti- 
fying the  proper  authorities  of  their  intention  so  to 
do.  The  latter  reduced  the  time  to  three  years,  and 
by  it  ail  New  Netherland  was  thrown  open  to  the 
establishment  of  Patroonships,  except  the  Island  of 
^Manhattan,  which  the  Company  reserved  to  itself. 

All  Patroons  under  the  first  charter  (Art  V.)  were 
liermitted,  after  nettling  upon  a  location,  to  extend 
the  limits  of  their  "colonies,"  or  plantations,  four 
miles  Dutch,  {equal  to  nxteen  English)  along  the  shore 
on  one  side  of  a  navigable  river,  or  two  miles  {eight 
Eiiylish)  ou  each  side  of  the  same,  at  their  option. 


This  was  restricted  by  the  second  charter,  to  one 
Dutch  mile  along  a  navagable  river,  or  two  miles 
landward. 

The  latter  also  provided  for  a  class  of  colonists,  not 
Patroons,  in  these  words  "For  Masters  or  Colonists, 
shall  be  acknowledged,  those  who  will  remove  to  New 
Netherland  with  five  souls  above  fifteen  years;  to  all 
i<uch,  our  Governor  there  shall  grant  in  property  one 
hundred  morgens,  (two  liundred  English  acres)  Rhine- 
land  measure,  of  land,  contiguous  one  to  the  other, 
wherever  they  please  to  select." 

Thus  were  provided  for  New  Netherland  colonists 
of  the  two  upper  classes  then  dwelling  in  the  Republic 
of  the  United  Provinces,  nobles  and  connnoners  of  tho 
first  class,  as  before  described.  Both  of  these  classes, 
brought  out  the  third,  the  common  people,  the  boersj 
who  were  the  men  and  women,  whom  they  settled 
upon  their  "colonics"  and  farms. 

All  the  colonists,  whether  the  Patroons,  or  of 
the  Masters  of  farms,  "Free  Colonists,"  as  they  were 
styled  in  the  charter  of  1640,  were  freed  from  customs, 
taxes,  excise,  imposts,  or  any  other  contributions  for 
the  space  of  ten  years." ' 

The  special  powers,  rights  and  privileges  of 
Patroons  are  set  forth  in  articles  VI,  VII,  VIII,  and 
IX,  of  the  charter  of  1(52!),  and  as  revised,  and 
slightly  altered,  are  thus  stated  in  the  charter  of 
1640 ;— 

"The  Patroons  shall  forever  possess  all  the  lands 
situate  within  their  limits,  together  with  the  produce, 
superficies,  minerals,  rivers,  and  fountains  thereof, 
with  high,  low,  and  middle  jurisdiction,  hunting, 
fishing,  fowling,  and  milling,  the  lands  remaining 
allodial,  but  the  jurisdiction  as  of  a  perpetual 
hereditary  fief,  devolvable  by  death  as  well  as  to 
females  as  to  males,  and,  fealty  and  homage  for  which 
is  to  be  rendered  to  the  Company,  on  each  of  such 
occasions,  with  a  pair  of  iron  gauntlets,  redeernable 
by  twenty  guilders  within  a  year  and  six  weeks  at  the 
Assembly  of  the  XIX  here,  or  before  the  Governor 
there;  with  this  understanding,  that  in  case  of  divi- 
sion of  said  fief  or  jurisdiction,  be  it  high,  middle,  or 
low,  the  parts  shall  he,  and  remain,  of  the  same 
nature  as  was  originally  conferred  upon  the  whole, 
and  feiilty  and  homage  must  be  rendered  for  each  part 
thereof  by  a  pair  of  iron  gauntlets,  redeemable  by 
twenty  guilders  as  aforesaid. 

And  sh(mld  any  Patroon,  in  course  of  time,  happen 
to  prosper  in  his  colonic  to  sucIj  a  degree  as  to  be  able 
to  found  one  or  more  towns,  he  shall  have  authority 
to  appoint  otlicers  and  magistrates  there,  and  make 
use  of  his  Colonic,  according  to  the  pleasure  and  the 
quality  of  the  persona,  all  saving  the  Company's 
regalia.'^ 

And  should  it  happen  that  the  dwelling  places  ot 
private  Colonists  become  so  numerous  as  to  be  ae- 

1  Clmrtcr  of  l''2ii,  Rrl.  XVIII. 
'Itigbla  uf  Suvortiigiily. 


HISTORY  OF  WESTCHESTER  COUNTY. 


counted  towns,  villages,  or  cities,  the  Company  shall 
give  orders  respecting  the  subaltern  government, 
magistrates,  and  ministers  of  justice,  who  shall  be 
nominated  by  the  said  towns  and  villages  in  a  triple 
number  of  the  best  qualified,  from  which  a  choice 
and  selection  is  to  be  made  by  the  Governor  and 
Council ;  and  those  shall  determine  all  questions  and 
suits  within  their  district. 

The  Patroons  who  will  send  colonies  thither,  shall 
furnish  them  with  due  instruction  agreeably  to  the 
mode  of  government,  both  in  police  and  justice,' 
established,  or  to  be  established  by  the  Assembly  of 
the  XIX,  which  they  shall  first  exhibit  to  the 
Directors  of  the  respective  chambers,  and  have 
approved  by  the  Assembly  of  the  XIX.'' 

The  possession  of  the  land,  with  everything,  in, 
upon,  or  produced  by  it,  as  well  as  all  matters  of 
every  kind,  within  the  bounds  of  the  patroonship, 
was  first  granted.  Then  follow  the  powers,  rights, 
and  privileges,  the  first  of  which  was  the  high,  middle, 
and  low  jurisdiction  within  the  patroonship;  a  power 
necessarily  appertaining  to  the  ownership  of  the 
land,  as  requisite  to  the  orderly  government  of  the 
patroonship,  the  due  protection  of  the  tenants  in 
their  rights,  and  the  determination  of  all  contro- 
versies between  themselves,  or  between  themselves 
and  the  Patroon,  or  his  agents,  as  well  as  the  trial 
and  i)unishmcnt  of  criminal  offenses.  "High  juris- 
diction" means  the  power  of  caj)ital  punishment. 
Under  the  charter  of  1G29  (Art.  XX),  a  right  of 
appeal  from  all  judgments  of  these  courts,  of  fifty 
guilders  (^20),  and  U|)wards,  lay  to  the  Crovernor  and 
Council  in  New  Netherland.  By  that  of  1(540,  the 
limit  was  increased  to  100  guilders  ($40),  and  the 
right  extended  to  all  cases  of  criminal  sentences,  and 
judgments  entailing  infamy  upon  any  person.  Thus 
the  rights  of  all  i)eople  were  thoroughly  protected. 

Ni>xt  are  enumerated  the  sole  lights  of  hunting, 
fishing,  fowling,  and  milling.  These  explain  them- 
selves, except  the  last, — milling.  This  means,  not  the 
actual  grinding,  or  manufacturing,  but  the  right  to 
erect,  or  control  the  erection  of,  all  mills  within  the 
Patroonshi]).  For  every  Patroon  was  to  build  a  mill, 
or  mills,  for  the  use  and  ben  'H  of  the  tenants  or 
vassals,  these  terms  being  simple  synonymous,  of  the 
Patroonship.  These  mills  could,  either  be  run  by  the 
Patroon  or  his  agent,  or  rented  by  him  to  any  one  who 
wished  to  run  them,  at  a  fixed  rent  or  toll.  But  the 
Patroon  was  in  all  cases  bound  to  provide  the  mills 
and  api)urtenance8  themselves. 

The  Tenure  by  which  the  lands,  rights,  powers, 
privileges,  and  jurisdictions  of  the  Patroons  of  New 
Netherland  were  held,  is  thus  stated  in  the  sixth 
article  of  the  charter  of  1629,  ''to  be  holden  from  the 
Company  as  a  perpetual  inheritance,  without  it  ever 


iThis  nicHnfl  "iHilitirnl  antt  judicial,"  tlio  orijjiiml  !)eiiip  bflclly  tmns- 
Ijitcfl,  Soo  Art.  X,  in  tlie  charter  of  162!t,  wliorp  the  Ittiigimge,  "  Is 
aa  well  in  the  iK)liticulaa  the  judicial  guverniiieut." 


devolving  again  to  the  Company,  and  in  case  it  should 
devolve,  to  be  redeemed  and  re])ossessed  with  twenty 
guilders  per  colonic  to  be  paid  to  this  Company,  at 
the  Chamber  here  {Holland),  or  to  their  commander 
there  {New  Netherland)  within  a  year  and  six  weeks 
after  the  same  occurs,  each  at  the  Chamber  where  he 
originally  sailed  from."  This  continued  without 
change  till  1640,  when  the  revised  charter  of  that 
year,  stated  the  same  tenure  more  fully,  in  these 
words,  "the  lands  remaining  allodial,  but  the  juris- 
diction as  of  a  perpetual  hereditary  fief,  devolvable  by 
death  as  well  to  females  as  to  males,  and  fealty  and 
homage  for  which  is  to  be  rendered  to  the  Company, 
on  each  of  such  occasions  with  a  pair  of  iron  gaunt- 
lets, redeemable  by  twenty  guilders  within  a  year  and 
six  weeks,  at  the  Assembly  of  the  XIX  here  {in 
Amsterdam),  or  before  the  Governor  there  {in  New 
Amfiterdam);  with  this  understanding,  that  in  case  of 
division  of  said  fief  or  jurisdiction,  be  it  high,  middle, 
or  low,  the  parts  shall  be  and  remain  of  the  same 
nature  as  was  originally  conferred  on  the  whole,  and 
fealty  and  homage  must  be  rendered  for  each  part 
thereof  by  a  pair  of  iron  gauntlets,  redeemable  by 
twenty  guilders  as  aforesaid.'' 

The  Dutch  words  translated  in  the  above  quotation 
"a  perpetual  hereditary  fief,"  and  in  the  sixth  article 
of  the  charter  of  1629  "a  perpetual  inheritance," 
mean  more  than  these  English  renderings,  and  cn- 
press  a  technicality  of  the  Dutch  law  which  the  latter 
does  not  convey.  It  is  this.  A  fetid,  or  fief,  (these 
terms  are  synonymous)  is  thus  defined  in  the  Dutch 
law,  "an  hereditary  indivisible  use  over  the  immove- 
able property  of  another,  with  a  mutual  obligation  of 
protection  on  the  one  side,  and  a  duty  of  homage  and 
service  on  the  other."'  Such  a  fief,  undrr  the  law, 
"was  not  divisible,  except  by  charter  and  i  ^ed  only 
per  cajiita,  or  by  stipulation  in  cases  of  intestacy,  to 
the  eldest  male  amongst  the  lawful  children,  or  fur- 
ther descendants,  of  the  last  possessor;  to  males 
sprung  from  males,  the  nearest  degree  taking  prece- 
dence of  one  more  remote."'*  These,  the  old  fiefs  of 
the  Fatherland,  were  termed  "  recta  feu  da ,"  right  fief*', 
and  were  the  fiefs  referred  to  in  both  the  New  Nether- 
land charters  of  "Freedoms  and  P^xemptions"  and  the 
above  translations  of  them.  As  they  Avere  indivisiblt* 
and  passed  of  right  to  the  eldest  male  re])resentative 
of  the  last  possessor,  and  did  not  depend  upon  the 
intestacy  of  a  son,  they  were  termed  "undying"  fiefs, 
as  opposed  to  fiefs  where  the  succession  might  be 
changed  by  stipulation  at  the  time  of  the  inves- 
titure, or  afterwards,  which  last  were  also  hereditary. 
These  "old  fiefs"  were  not  transplanted  to  New 
Netherland  by  the  charters  of  Freedoms  and  Exemp- 
tions, but  the  new  fiefs  created  by  virtue  of  those 
charters  had  merely  the  same  rights  of  jurisdiction, 
hunting,  fishing,  fowling,  and  milling,  as  the  old  uii- 


«  Heriwit's  0!\)tiu8,  230,  \  I. 
BlLiil.  \\\. 


THE  ORIGIN  AND   HISTORY   OF   THE   MANORS. 


6S 


dying  ones.  In  all  other  respects  tliey  were  entirely 
dirt'erent.  The  jurisdiction  of  the  Patroons  and  their 
Peignorial  rights  were  held  "as"  of  these  undying 
fiefs,  that  is  in  the  same  manner  as  jurisdiction  and 
geignorial  rights  were  held  under  them.  But  the  land 
itself,  together  with  the  produce,  superficies,  minerals, 
rivers  and  fountains  thereof,  was  held  hy  a  very 
diflerent  tenure.  That  tenure  was  allodial,  which 
means,  not  feudal,  independent  of  a  lord  paramount. 
''The  lands  remaining  allodial  hut  the  Jurisdiction  as 
of  a  perpetual  (undying)  hereditary  (i  "'  is  the  lan- 
guage of  the  charter  of  1040.  Then  follows  this 
radical  change  from  the  old  fiefs,  "  devolvahle  hy 
death  as  well  to  females  as  males,"  to  women  as  well 
as  to  men,  is  the  literal  translation  of  the  original 
words.  Thus  in  New  Netherland  the  right  of  suc- 
cession was  extended  to  at  least  douhle  the  numher  of 
persons,  that  it  was  under  the  old  fiefs  of  the  Father- 
land. Annexed  to  this  right,  was  the  provision  that 
upon  each  person  8uccee<ling  to  the  inheritance  of  the 
Patroonship,  fealty  and  homage  were  "to  be  rendered 
on  each  of  such  occasions  to  the  Company  with  a 
pair  of  iron  gauntlets,  redeemable  by  twenty  guilders 
within  a  year  and  six  months,  at  the  Assembly  of  the 
XIX.  here  (Amsterdnm),  or  before  the  Governor 
there  (New  Amxterdam)."  This  was  simply  a  method 
adopted  for  the  acknowledgment  by  the  Patroons  of 
the  political  supremacy  of  the  West  India  Company, 
as  the  ultimate  and  paramount  government  and 
source  of  title  in  New  Netherland  ;  a  method  bor- 
rowed from  the  old  feudal  manner  in  which  the 
tenant,  or  vassal,  acknowledged  the  holding  of  his 
lands  from  a  lord  ])aramount,  who  was  in  his  turn 
thereby  oi)liged  to  protect  him,  and  which  was  called 
tenure  by  knight-service.  Nothing  of  the  latter  ever 
existed  in  New  Netherland.  Except  this  political 
acknowledgment  of  the  West  India  Company  to  be 
what  we  now  call  "the  State,"  the  Patroonships  were 
held  as  hereditary  allodial  lands,  which  the  Patroons 
could  divide  in  parts  and  sell  in  fee  at  their  pleasure; 
but  what  they  did  not  sell  in  fee,  descended  to  the 
next  heir,  whether  man  or  woman,  unless  devised 
by  will  otherwise. 

This  power  pf  devising  by  will  was  earnestly 
desired  and  contended  for  by  the  Patroons.  The 
seventh  article  of  the  charter  of  1621)  says,  "There 
shall  likewise  be  granted  to  all  Patroons  who  shall 
desire  the  same,  venia  ffstandi,  or  liberty  to  dispose 
of  their  aforesaid  heritage  by  testament."  "  All 
Patroons  and  feudatories  (fundatories  were  llie  holders 
of  any  part  of  the  fief)  shall,  on  requesting  it,  be 
granted  "  Venia  Testandi,  or  the  power  to  dispose  of,  or 
bequeath  his  fief  by  Will,"  is  the  language  of  that  of 
1640.  This  power  alone,  as  it  insured  at  same  time  or 
otherthe  dividing  up  of  all  large  fiefs,  was  sufficient  to 
prevent  the  New  Netherland  fiefs  from  ever  becoming 
dangerous,  or  the  source  of  a  groat,  continued,  and 
oppressive  aristocracy. 

The  "feudal  system"  of  Europe,  as  such,  never 


existed  in  New  Netherland.  That  system  however  is 
the  basis  of  the  land  titles  of  every  civilized  country 
of  Europe  at  this  hour,  as  it  was  at  the  discovery  of 
the  New  World;  and.  as  derived  from  the  various 
countries  of  Europe  which  colonized  America,  is  now 
the  basis  of  those  of  the  various  States  of  the 
American  Republic.  The  system  of  tenure  intro- 
duced into  New  York  by  the  Dutch,  wa.s  divested 
of  all  burdensome  attributes — the  nova  feiid>,  the  new 
fiefs,  by  which  all  the  land  was  there  hold  were  purely 
allodial,  with  full  right  in  the  Patroons  to  sell 
in  fee  in  whole  or  in  jiart,  and  to  devise  it  in  whole 
or  in  part  by  will,  free  of  all  charges  and  incimi- 
brances,  except  the  mere  political  acknowledgment  of 
the  West  India  Company  as  the  ultimate  paramount 
source  of  all  title,  the  State.  It  was  the  most  libcr.il 
land  system,  introduced  upon  the  American  Con- 
tinent; far  more  so  than  the  English  system  ns  intro- 
duced into  the  English  Colonies,  and  the  full  feudal 
system,  introduced  into  the  American  Colonies  of 
France,  Spain,  and  Portugal.  It  certainly  did  not 
"scatter"  in  New  Netherland  "the  seeds  of  servitude* 
slavery,  and  aristocracy."'  There  were  no  "serfs" 
in  the  feudal  sense,  cither  in  the  Dutch  rei)ul)lic  or 
its  colony  of  Now  Netherland.  Slavery  was,  and  had 
been,  the  universal,  acknowledged,  source  of  labor, 
the  result  of  con(|ue»t  originally,  for  centuries  be- 
fore, and  at  that  time — the  17th  century — all  over  the 
world.  And  equally  in  all  countries  of  civilization 
was  the  division  of  society  into  classes  of  diverse 
grades,  and  the  existence  of  an  aristocracy,  the  only 
one  known,  established,  and  existing;  and  every 
State  and  government  then  in  being  was  based  ujjon 
it.  How  futile  then  is  the  idea,  that  to  these  New 
Netherland  charters  of  Freedoms  and  Exemptions 
is  owing  the  introducing  of  all  these  institutions  into 
what  is  now  the  State  of  New  York.  Had  neither  of 
these  charters  ever  existed  the  "seeds"  of  all  three 
of  these  institutions  would  have  found  their  way 
thither  because  they  were  simply  the  universal  in- 
stitutions of  the  highest  human  civilization  at  that 
era. 

The  reason  why  it  was  possible  for  the  liberal  fiefs 
of  New  Netherland  to  be  created,  was  the  nature  of 
the  investiture  required  to  establish  the  Patroons  in 
their  rights,  the  seizin  or  delivery  of  possession  to 
them  established  by  the  charters.  This  in  the  old 
fiefs,  and  under  the  feudal  system,  in  Eurojje  gen- 
erally, was  by  an  act  of  the  lo'-l  upon  receiving  the 
oath  of  fealty  and  the  homage  of  the  tenant  or  vhssmI, 
at  which  time  tho  latter  also  presented  the  lord  with 
a  fine,  that  is,  a  gift  of  some  small  article  or  tiling  as 
a  token  of  his  fidelity.  In  the  New  Netherland  fiefs 
by  virtue  of  the  charters  this  whole  matter  was 
changed.  The  delivery  of  the  grant  of  the  fief  by 
the  Governor  and  Council  itself  was  tho  livery  of 
seizin,  or  investiture,  of  the  possession  in  the  Patroon. 

1  Muiilton  in  bla  IlUt.  of  N.  Y.,  387-8. 


64 


HISTORY  OF  WESTCHESTER   COFNTY. 


And  at  that  time  the  latter  took  the  oath  of  alle- 
pinnce  which  was  the  "  fealty,"  to  the  I'ompany,  and 
did  his  "houiage,"  which  waa  simply  by  holding  up 
hia  hands  in  the  presence  of  some  other  tenant,  o^ 
the  Company  or  Patroon,  verbally  acknowledging  the 
Company  as  the  ultimate  possessor  of  the  land,  or  as 
we  should  say,  the  State,  requesting  the  Governor  to 
invest  him  with  the  possession,  and  at  the  same  time, 
presenting  to  him  the  pair  of  iron  gauntlets  (the  hand 
armor  of  a  coat  of  mail),  or  twenty  guilders  in  money. 
They  were  thus  under  the  Dutch  law  nova  fcuda,  new 
fieTs,  as  distinguished  from  the  old  fiefs  described 
before;  and  the  Company  as  the  ultimate  possessor 
of  the  land  by  its  Governor's  grant  could,  and  didi 
make  the  new  investiture  that  has  been  described.  If 
a  Patroon  divided  his  patroonship,  the  same  jurisdic- 
tion attached  to  each  part,  and  the  same  kind  of  in- 
vestiture, had  to  be  made  for  each  part,  as  was  pro- 
vided for  the  whole  patroonship  in  the  original 
grant. 

The  numerous  provisions  of  these  charters  relating 
to  the  trade,  and  other  commercial  privileges,  granted 
to  the  Patroons  do  not  re(iuire  to  be  here  considered. 
Neither  do  a  few  other  provisions  of  a  general  nature. 

The  twenty-sixth  article  of  the  charter  of  1()29  as 
has  been  mentioned,  provided  that  every  one  who 
"shall  settle  any  colonic  out  of  the  limits  of  Manhat- 
ten  Island,  shall  be  obliged  to  satisfy  the  Indians  for 
the  land  they  shall  settle  upon,"  thus  absolutely 
])r()tecting  the  natives  in  the  possession  of  their 
territories. 

The  twenty-ninth  article,  in  accordance  with  the 
political  economy  of  Europe  at  that  day,  which 
taught  ^hat  colonies  should  be  kept  as  markets  for  the 
produitions  of  the  mother  countries,  prohibited  all 
manufactures  in  New  Nethcrland  on  pain  of  banish- 
ment. 

The  thirtieth  article  of  that  of  1629,  provided 
"  that  the  company  will  use  their  endeavours  to  supply 
the  colonists  with  as  many  blacks  as  they  con- 
veniently can,  on  the  conditions  hereafter  to  be 
made;  in  such  manner,  however,  that  they  shall  not 
bo  bound  to  do  it  for  a  longer  time  than  they  shall 
think  proper."  The  charter  of  1640,  says,  "The 
company  shall  exert  itself  to  provide  the  patroons 
and  colonists,  on  their  order,  with  as  nnmy  blacks  as 
possible,  without  however  being  further  or  longer 
obligated  thereto  than  shall  be  agreeable."  These  pro- 
visions were  simply  to  furnish  the  cheapest  labor  then 
known,  and  were  in  accordance  with  the  manner  and 
methods  of  colonizing  at  that  day,  and  the  views  of  that 
era,  as  to  labor.  It  was  a  similar  provision  to  those 
put  in  contracts  in  our  day  and  generation,  for  build- 
ing railroads,  canals,  mines,  and  other  enterprises,  by 
syndicates  and  construction  companies,  and  corpora- 
tions, by  which,  so  many  hundreds,  or  thousands,  of 
laborers,  black,  yellow,  or  white,  are  to  be  furnished 
at  such  a  price  for  such  wages.  Were  slavery  not 
now  abolished  everywhere  except    in  the  Spanish 


Colonies,  these  contracts  now  would  call  for  slaves  as 
the  cheapest  kind  of  labor. 

But  one  other  subject  of  these  charters  remains  to 
be  c(msidered,  and  that  is  the  religion  they  estab- 
lished in  New  Nethcrland.  All  the  charters  were 
approved  and  enacted  as  laws  by  the  West  India 
Company,  and  theStates-(ieneral ;  the  sovereign  power 
of  the  Seven  Provinces  of  the  United  Netherlands. 
The  twenty-seventh  article  of  the  charter  of  1629  is 
in  th&se  words, — "The  Patroons  and  Colonists  shall 
in  particular  and  in  the  s|)eediest  manner,  endeavour 
to  find  out  ways  and  means  whereby  they  may  sup- 
port a  minister  and  school-master,  that  thus  the 
service  of  God  and  Zeal  for  religion  may  not  grow 
cool,  and  be  neglected  among  them  ;  and  that  they 
do  for  the  first,  procure  a  comforter  of  the  sick  there." 
The  charter  of  1640  speaks  much  more  strongly  and 
directly  : — "  And  no  other  Religion  shall  be  publicly 
admitted  in  New  Nethcrland  except  the  Reformed, 
as  it  is  at  present  preached  and  practiced  in  the  United 
Netherlands ;  and  for  this  purpose  the  company  shall 
provide  and  maintain  good  and  suitable  preachers, 
school-masters  and  comforters  of  the  sick."  By  these 
provisions  of  the  two  charters  was  the  Reformed 
Church  of  the  Netherlands,  the  national  established 
church  of  the  Dutch  Republic,  made  the  established 
church  of  New  Nethcrland.  And  as  such  it  remained 
until  the  seizure  of  the  province  by  the  English  in 
1664.  It  was  re-established  at  the  recapture  by  the 
Dutch,  nine  years  later,  and  only  ceased  as  "  the 
Establishment"|on  the  surrender  of  the  province  to  Sir 
Edmund  Andros,  for  the  King  of  England,  j)ur8uant 
to  the  treaty  of  Westminister,  on  the  tenth  of  Novem- 
ber 1674.  On  this  occasion  the  Dutch  Governor, 
Colve,  sent  certain  "  articles  "  to  Andros  to  which  he 
required  answers  before  surrendering,  "  for  the  satis- 
faction of  the  Dutch  (iovernment  and  for  the  greater 
trancjuillity,  of  the  good  People  of  this  Province." 
These  related  mainly  to  the  settlement  of  debts,  the 
validity  of  judgments  during  the  Dutch  administra- 
tion, the  maintenance  of  the  titles  of  the  owners  ot 
lauded  property  to  its  possession,  and  the  position  of 
the  established  church.  Andros  directed  Mathias 
Nicolls,  the  former  secretary  under  the  English,  to 
confer  in  person  with  Colve  on  these  subjects.  Nicolls 
satisfied  Colve  that  Andros  would  give  satisfactory 
answers  as  soon  as  he  assumed  the  government,  and 
this  assurance  was  fully  carried  out.  The  article 
relating  to  the  Church  is  in  these  words  : — "  that  the 
inhabitants  of  the  Dutch  nation  maybe  allowed  to 
retain  their  customary  Church  privileges  in  Divine 
Service  and  Church  discipline."  '  This  was  granted, 
and  with  the  Province  of  New  Nethcrland  fell  for- 
ever the  "Establishment"  of  the  Dutch  Church. 
But  from  that  day  to  this,  that  great  and  ven- 
erable Church  has  continued  in  the  enjoyment  of  its 
creed,  privileges,  and  property,  as  fully  and  as  freely 

lIIDloa.,i70. 


THE  ORIGIN   AND   HISTORY   OF  THE   MANORS. 


65 


ns  it  dill,  while  having  the  power  of  the  Province 
Government  at  its  back  to  enforce  its  support  and 
prohibit  all  doctrines  it  did  not  approve.  And  how 
strong  this  power  wa»,  its  dealings  with  the  Lutherans, 
and  with  tiie  tiuakers  in  Governor  Stuyvesant's  time, 
fully  »*,te8t. 

At  the  beginning  the  maintenance  of  the  Church 
though  undertaken  by  the  West  India  Company, 
was,  under  tiie  charter  of  1G2!),  devolved  by  it  upon 
the  Patroons  and  Free  Colonists ;  but  under  that  of 
1640,  and  during  theentiro  Dutch  dominion  afterwiird, 
it  was  placed  upon  the  Province  Governnient,  as  the 
representative,  or  rather  agent,  of  the  West  India 
Company,  without  however  relieving  the  Patroons 
and  Colonists  from  their  obligations  in  regard  to  it. 
If  they  were  in  default,  the  Company  itself  was  to 
maintain  "the  Established  Church"  through  its 
Provincial  (iovernment  from  its  own  revenues.  Be- 
fore the  charter  of  1G29  the  Company  undertook 
the  support  of  the  church.  This  appears  from 
a  letter  of  the  Rev.  Jonas  Michaelius,  the  first 
clergyman  of  the  Dutch  Church  in  New  Nether- 
land  to  a  brother  clergyman  at  Amsterdam,  the 
Rev.  Adrianus  Smoutius,  dated  August  11,  1628, 
wliich  was  discovered  and  first  printed,  only  in 
18.58,  in  a  periodical  of  Amsterdam  by  Mr.  J.  J.  Bodel 
Nijenhuia  of  that  city,  and  subsequently  translated 
and  sent  to  the  late  Dr.  Edmund  B.  O'CaUaghan  then 
of  Albany,  the  author  of  the  "History  of  New 
Netherland,"  by  the  late  Henry  C.  Murphy,  then 
United  States  Minister  at  the  Hague.  The  second 
volume  of  the  "  Holland  Documents  "  translated  and 
e<lited  for  the  State  by  Dr.  O'CaUaghan,  was,  when 
the  letter  arrived,  j  ust  printed,  but  not  bound  nor 
published,  and  in  i',  as  an  appendix,  that  learned 
editor  inserted  Mr.  Murphy's  translation  of  this 
letter.  Michaelius  sailed  from  Holland,  January 
24th,  1628,  and  arrived  at  the  "Island  of  Man- 
hatas,"  as  he  calls  it,  on  the  7th  of  the  succeed- 
ing April,  and  wrote  the  letter  the  following  August- 
In  it  he  says,  "In  my  opinion,  it  is  very  expedient 
that  the  Lords  Managers  of  this  place  {the  Amsterdam 
Chamber  of  the  West  Indian  Company)  should  furnish 
plain  and  precise  instructions  to  their  Governors  that 
tliey  may  distinctly  know  how  to  regulate  themselves 
in  all  difficult  occurrences  and  events  in  public 
matter  ;  and  at  the  same  time  that  I  should  have  aU 
such  Acta  Synodalia,  as  are  adopted  in  the  Synods  of 
Holland,  both  the  special  ones  relating  to  this  region' 
and  those  which  are  provincial  and  national,  in  rela- 
tion to  ecclesiastical  points  of  difficulty,  or  at  least 
such  of  them  as  in  the  judgment  of  the  Reverend 
brothers  at  Amsterdam  would  be  most  likely  to  present 
themselves  to  iis  here."  .  ,  .  The  promise 
which  the  Lords  Masters  of  the  Company  had 
made  me  of  some  acres  or  surveyed  lands  for  me 
to  make  myself  a  home,  instead  of  a  free  table  which 
otherwise  belonged  to  me  is  wholly  of  no  avail.  For 
their  honors  well  know  that  their  are  uo  horses,  cow^, 


or  laborers  to  be  obtained  here  for  money.    Every 
one  is  short  in  these  particulars  and  wants  more." 

This  letter  also  jiroves  incidentally,  that  slavery 
existed  in  "  the  Manhatas "  at  its  date,  the  year 
before  the  enactment  of  the  charter  of  1620  which 
provided  for  their  being  furnished  by  the  Company  to 
the  Patroons,  as  stated  above,  and  to  which  has  been 
so  often,  and  so  wrongly  ascribed  their  first  introduc- 
tion in  New  York.  Speaking  of  his  family  matters,  for 
his  wife  had  died  since  his  arrival  leaving  him  with 
"two  little  daughters,"  Michaelius  writes,  "maid- 
servants are  not  to  be  had,  at  least  none  whom  they 
advise  me  to  take;  and  the  Angola  slaves  are 
thievish,  lazy  and  useless  trash."  Evidently  slavrs 
had  been  by  no  means  lately  introduced  in  "  the 
Manhatas  "  in  1628. 

The  Canon  law  and  the  Roman  law  came  into  Hol- 
land together,  and  Uiat  country  was  governed  by  both 
until  the  Reforriiation.  Then  the  former  was  over- 
thrown, and  the  law  of  the  Reformed  Church  of  Hol- 
land promulgated  in  1521,  and  confirmed  in  1612,  went 
into  operation,  but  the  Roman  civil  law  remained  as 
before  the  law  of  the  land.  Under  the  law  of  the 
Reformed  Church  of  Holland,  matters  ecclesiastical 
come  first  before  the  Consistory,  then  before  the 
Assembly,  and  finally  before  the  Synod.  There  being 
no  Synod  in  New  Netherland,  the  care  of  the  church 
there  was  entrusted  to  the  Assembly  or  clnssis  of 
Amsterdam,  by  wliom  the  Dutch  clergymen  were 
approved  and  ordained,  at  the  request,  or  with  the 
assent,  of  the  West  India  Company  at  Amsterdam.  ' 
Except  when  as  a  matterof  mere  charity  on  their  being 
driven  from  New  England,  the  English  settlers  of  the 
Congregational  belief  were  granted  freedom  of  con- 
scienceand  to  worship  in  their  own  way,  and  to  choose 
their  owncivil  officers,^  people  of  other  denominations 
were  not  allowed  to  hold  office.'  This  was  because 
the  Reformed  Religion  in  accordance  with  the  doc- 
trine of  the  Synod  of  Dort  was  the  Established  Re- 
ligion of  New  Netherland,  and  the  mngistn.tes  were 
bound  to  maintain  it  against  all  sectaries,  and  there- 
fore they  must  have  belonged,  or  been  friendly,  to 
that  faith.  ♦ 

Such  were  the  provisions  of  the  charters  of 
Freedoms  of  Exemptions  as  to  tenure  of  lands  and 
the  rights,  powers  and  privileges  of  the  Patroons,  and 
the  Masters  or  Free  Colonists,  of  New  Netherland, 
and  the  farm  people,  or  boers,  they  brought  over  to 
cultivate  the  soil ;  and  as  to  the  Church. 

The  total  number  of  land  grants  of  all  kinds,  from 
a  Patroonship,  to  a  single  lot  in  Manhattan  Island, 
issued  by  the  Dutch  Provincial  Government  from 

1  Laws  of  N.  N.,  v. 

>  gee  clmrter  of  IIeiii{wten(l  granted  by  GoTernor  Kiofl,  in  1044.  Lawn 
N.N.,  42. 

8  Ilild,  479. 

*  On  Starch  17,  15ft4,  Stiiyveeant  and  hie  coiincn  paaflod  an  ordinance, 
that  all  Bcliool-niaitera  slioiild  apjwar  witli  tlieir  school-diildren  every 
Wednetidiiy  afternoon  In  tli  chnrcli.  tbat  they  might  be  catechised  .  by 
tUe  ^liDiatera  and  £lderg.    Laws uf  M.  N.,  401. 


M 


HISTORY  OF  WESTCHESTER  COUNTY. 


1630  to  1634,  as  far  complete  as  the  Books  of  Patents 
and  Town  records  now  admit  was  638,  ns  shown  by 
the  statement  of  O'Callaghan  appended  to  the  second 
volume  of  his  histoi-y.  It  is  not  absolutely  correct, 
but  is  sufficiently  so  as  a  very  fair  approximation. 
The  territories  and  rights  of  the  original  Patroonships 
on  both  sides  of  the  Hudson  River,  with  but  two 
exceptions,  were  subsecpienlly  on  account  of  the  diffi- 
culties of  their  owners,  with  the  West  India  Company, 
and  the  obstacles  they  met  with  in  settling  their  lands, 
subseijuently  bought  back  by  the  Company.  Thus  they 
became  again  part  and  parcel  of  the  public  domain, 
and  as  such  were  retransported  and  regranted  to  vari- 
ous individuals,  by  the  Director  and  Council.  That  of 
New  Amstel  on  the  Delaware,  was  finally  conceded 
to  the  city  of  Amsterdam  in  Holland,  as  late  as  1056, 
and  that  city  took  upon  itself  the  settlement  and 
colonization  of  that  Patroonship. 

The  two  exceptions  to  the  re-purchase  of  the  New 
York  Patroonships,  were  those  of  Rensselaers-wyck 
and  Colen-Donck,  both  of  which  continued  in  the 
possession  of  their  Patroons.  Space  will  not  permit 
of  even  a  brief  account  of  the  former,  which,  changed 
in  1705  to  an  English  Manor,  has  continued  to  our 
own  days,  striking  and  interesting  as  it  is.  The 
latter,  the  only  Patroonship  established  in  West- 
chester County,  will  now  be  described. 


The  Palroonihip  of  Colen-Donck. 
(  Yonie.rs.) 

In  that  portion  of  New  Notherland  which  now 
constitutes  the  county  of  Westchester  there  existed 
under  the  Dutch  dominion  but  one  Patroonship.  It 
was  called  Colen-Donck,  in  English  "Donck's  Col- 
ony," from  the  name  of  its  Patroon,  Adriaen  van  der 
Donck,  to  whom  it  was  granted  by  Director  Kieft 
and  his  Council  in  the  year  1646.' 

It  was  granted  as  the  sole  property  of  one  of  the 
most  noted  and  intelligent  of  the  leading  men  of 
New  Netherland.  Public  afl'uirs  in  which  its  Patroon 
was  engaged  almost  immediately  after  it  was  granted, 
and  his  necessary  absence  in  Holland,  retarded 
its  successful  development.  His  death  following 
shortly  after  his  return,  and  its  sale  under  the  power 
he  obtained  to  dispose  of  it  by  will,  practically  ter- 
minated it  after  an  existence  of  only  twenty  years. 

Adriaen  van  der  Donck,  styled  by  the  Director  and 
Council  of  New  Netherland  in  a  summons  to  the 
Eev.  Everardus  Bogardus,  dated  the  second  of  Janu- 
ary, 1646,  "the  Yoncker"'' was  an  educated  Dutch 
gentleman,  a  native  of  Breda,*  a  graduate  of  the  Uni- 
versity of  Leyden,  and  a  doctor  of  both  the  civil, 
and  the  canon,  law,  "  utriusquc  juris,"  as  that  degree 
was  then  expressed  in  Latin.     He  came  to  America 


1 II.  O'Col.,  884  J  I.  Brod.,  42U. 
«  XIV.  Col.  HUt.,  70. 
8  I.  Col.  Hl«t.,  477. 


in  the  autumn  of  1641,  in  the  service  of  Kiliaen  van 
Rensselaer,  the  first  Patroon  of  Rensselaerswyck, 
having  been  appointed  in  the  early  part  of  that  year 
by  that  gentleman  Schout-Fiscaal  of  the  Patroonship 
of  that  name.  This  office,  which,  as  shown  before, 
combined  the  duties  of  a  Sheriff  and  an  Attorney- 
General,  wan  a  most  important  one,  and  brought  him 
into  close  ':onnection  with  the  other  officers,  and  the 
tenants,  of  Rensselaerswyck ;  the  rights  and  interests 
of  all  parties  being  in  many  particulars  subject  to 
his  official  action.  His  first  instructions  from  the 
Patroon  were  dated  July  18,1641,  and  his  first  account, 
still  existing  in  the  books  of  that  colonic,  begins  on 
the  itth  of  September  following.*  The  above  mention 
of  van  der  Donck  as  "  the  Yoncker  "  is  the  earliest 
mention  of  that  title  as  applied  to  him  that  I  have 
found.  As  it  is  used  in  referring  to  a  matter  which  oc- 
curred in  1645,  it  is  clear  that  he  was  so  called  and 
known  four  years  only  after  his  arrival  in  America. 
The  term  is  simply  a  corruption  of  "  Jonkheer,"  son 
of  a  gentleman.*  It  is  of  interest,  for,  from  this  title 
so  given  to  him  who  became  in  the  succeeding  year, 
1646,  the  Patroon  of  Colen-Donck,  is  derived  the  name 
which  that  Patroonship,  in  common  parlance,  ever 
afterwards  bore,  and  which  is  to-day  perpetuated  in 
the  corporate  name  of  the  beautiful  city  which  is  em- 
braced within  its  limits — Yon(:ei-s. 

Van  der  Donck  was  the  fii^st  lawyer  in  New  Nether- 
land, and  of  course  in  that  part  of  it  now  New  York. 
Lubbertus  van  Dincklagen,  who  was  appointed 
Schout-Fiscaal  and  Vice  Director  of  New  Nether- 
land, 5th  May,  1645,  also  a  doctor  of  civil  and  canon 
law,  was  the  second,  and  Dirk  (Richard)  van  Sehel- 
luyne,  who  was  also  the  first  notary,  commissioned 
8th  May,  1650,  was  the  third. 

These  first  lawyers  are  mentioned  here  because 
their  names  are  found  appended  to  so  very  many  of 
the  early  deeds,  and  public  and  private  documents, 
of  the  earliest  part  of  the  Dutch  dominion  in  New 
York.  Prior  to  leaving  Amsterdam,  van  der  Donck, 
probably  as  part  of  the  tc  ms  between  them,  received 
from  Kiliaen  von  Rensselaer,  a  lease  of  the  westerly 
half  of  the  first  island  on  the  west  side  of  the  Hud- 
son below  Albany  then  called  Welysburgh,  from  van 
Wely,  a  relative  of  the  Patroon.  Later  it  was  styled, 
"Castle  Island,"  because  upon  its  southern  end  was 
built  the  first  fortified  trading  house  erected  by  Cor- 
stiaensen  under  the  charter  of  "The  United  New 
Netherland  Company,"  of  14th  October,  1614,  and 
called  Fort  Nassau,  which  three  years  later,  in  1617, 
was  destroyed  by  a  freshet.  Subsequently,  and  till 
this  day,  from  its  proprietors,  it  was,  and  still  is,  known 
as  Rensselaers  Island.  Here  van  der  Donck  erected 
a  house  and  dwelt.  In  1643  difliculties  between  him 
and  Arendt  von  Curler,  or  Corlaer,  the  Patroon's 
commissary,  occurred,  and  van  der  Donck,  determin- 
ing to  leave  his  position,  undertook  to  arrange  for  the 


«I.  0'Cal.,3a7. 


e  I,  Brod.  421. 


THE  ORIGIN   AND   HISTORY   OF  THE   MANORS. 


6t 


planting  of  a  "Colonic"  nt  "  Kntskill,"  of  which  he 
himself  wns  to  be  the  Pntroon.  Tliia  was  a  violation 
of  the  sixth  and  twenty-Hi xth  articles  of  the  charter 
of  Freedoms  and  Exemptions  of  1()29,  and  the  Patroon 
of  Rensselaerswyck,  on  the  H)th  .September,  164.'^, 
Bent  written  orders  to  van  Curler,  to  see  that  van  der 
Dnnck  desisted  at  once,  being  his  "sworn  officer,"  and 
if  he  did  not,  that  he  should  "bo  degraded  from  his 
office  and  left  on  his  bowerie  to  complete  his  con- 
tracted lease  without  allowing  him  to  depart."  Tl  .< 
effectually  put  an  end  to  the  project  of  the  Katskill 
Colonic,  van  der  Donck  continued  to  perform  his 
duties,  and  matters  grew  much  easier  with  van  (Uirler. 
On  the  18th  of  .Fanuary,  1646,  van  der  Donck's  house 
burned  down,  at  which  very  time  he  was  negotiating 
for  a  sale  of  his  lease  to  one  Michael  .Tansen,  to 
which,  as  the  Patroon's  Commissary,  van  Curler  had 
to  assent.  A  new  quarrel  at  once  arose,  as  to  whether 
the  loss  should  fall  on  the  Patroon  as  van  der  Donck 
claimed,  or  on  the  latter  as  van  Curler  insisted.  The 
matter  was  finally  referred  to  the  Patroon  in  Hollnndj 
van  der  Donck  left  the  island,  and  lived  in  a  hut  near 
Fort  Orange,  till  spring,  and  then  came  down  to 
New  Amsterdam.'  In  the  previous  year,  1645,  he 
had  been  of  great  assistance  to  Director  Kieft  in 
advancing  the  reriuisite  funds,  and  settling  the 
terms  of  peace  with  the  Indians,  which  closed  the 
wicked  war  that  Kieft  had  wantonly  begun  two  or 
three  years  before,  and  which  proved  so  disa.strous 
to  New  Netherland.'  The  Patroon  of  Rensselaers- 
wyck,  died  at  Amsterdam  later  in  1046,  and  with  his 
death  the  connection  of  van  der  Donck  with  that 
Patroonship  ceased,  Nicolas  Coorn  sncceeding  him  in 
his  office  by  the  appointment  of  the  executors  of  the 
late  Patroon,  Johannes  van  Wely  and  Wouter  van 
Twiller. 

Van  der  Donck  still  desiring  to  become  a  Patroon, 
immediately  occupied  himself,  on  returning  to  New 
Amsterdam,  in  looking  for  a  proper  location.  He 
finally  selected  the  lower  portion  of  what  is  now  the 
county  of  Westchester  and  northern  part  of  the  city 
of  New  York,  between  the  rivers  Hudson  and  Har- 
lem, on  the  west  and  south,  and  the  Bronx  on  the 
east.  A  choice  which  eminently  proved  his  good 
taste  and  sound  judgment.  The  Indian  name  for  this 
region  was  Kcskeskick,  and  the  Indian  title  to  it 
was  extinguished  by  its  sale  to  the  West  India  Com- 
pany by  its  Indian  owners  on  the  third  of  August, 
16.39,  in  these  words,  "  This  day,  date  as  below,  ap- 
peared before  meCornelis  van  Tienhoven,  Secretary  in 
New  Netherland,Tequeemet,  Rechgawac,  Pachamiens, 
owners  of  Keskeskick,  who  in  presence  of  the  under- 
signed witnesses  voluntarily  and  deliberately  declare, 
that  in  consideration  of  a  certain  lot  of  merchandise, 
which  they  acknowledge  to  have  received  and  accepted 


1  I.O'ChU  ,  N.N.,  MS,  .138,  !M\34fi  ;  I.  Brod.,  410,  420. 

2  Vi.ii  ,li!r  I)oUck'«  New  Nethorlaud  in  I.  N.Y.  Hist.  9oc.  Coll.,  2d  Series. 
maiidlUl. 


before  the  passing  of  this  act,  they  have  transferred, 
ceded,  conveyed,  and  made  over,  as  a  true  and  lawful 
freehold,  as  they  herewith  transfer,  cede,  convey,  and 
make  over,  to,  and  for  the  benefit  of,  the  Genenil 
Incorporated  West  India  Company,  a  piece  of  land, 
situate  opposite  to  the  flat  on  the  Island  of  Manhat- 
tan, called  Keskeskick,  stretching  lengthwise  along 
the  Kil,  which  runs  behind  the  Island  of  Manhattan 
mostly  east  and  west,  and  beginning  at  the  head  of 
the  said  Kil  and  running  to  opposite  of  the  high  hill 
by  the  flat,  namely  by  the  Great  Kil,  with  all  right, 
titles,  Ac,  Sic.  Done  at  Fort  Amsterdam,  the  3d  of 
August,  16.S9. 

cornelis  van  der  hoylen, 
David  Pieteksen  de  Vries, 

as  witnesses, 
in  my  presence, 

Cornells  van  Tienhoven, 

Secretary. 

This  instrument  is  rci  rded  in  Book  6,  G,  of 
Patents  page  30,  in  the  Hi  i  retary  of  State's  Office  in 
Albany.''  By  it  was  vested  in  the  West  India  Com- 
pany the  right  of  soil  and  possession  of  the  Indians  in 
the  tract  described.  It  will  be  noticed  that  it  bears  no 
marks  of  the  Indians  as  signatories,  but  is  only  signed 
by  the  witnepses  and  the  Secretary  of  the  Province, 
difl'ering  in  this  respect  from  the  Indian  Deeds  of 
much  later  dates,  and  esi)ecially  from  those  executed 
under  the  English  rule.  This  was  strictly  in  accord- 
ance with  the  Dutch  Provincial  "  Ordinance,"  or  law, 
enacted  by  the  Director  and  Council  of  New  Nether- 
land  the  year  before  the  date  of  this  deed,  which,  iis 
it  is  not  generally  known,  is  in  full  as  follows  ; — 

"TheJ'ree  people"  (/Ao«e  not  Pntroons,  nnr  boern 
or  farm  laborers)  "having  by  petition  requested 
Patents  of  the  Lands  which  they  are  at  present  cul- 
tivating, the  j)rayer  of  the  Petitioners  is  granted,  on 
condition  that  at  the  expiration  of  Ten  years  after 
entering  upon  their  Plantation,  they  shall  pay  yearly 
to  the  Company  the  Tenth  of  all  crojjs  which  God 
the  Lord  shall  grant  to  the  field;  also  from  this  time 
forth,  one  couple  of  ca[)ons  for  a  house  and  lot." 
This  ordinance  of  the  Director  and  Council  was 
passed  on  the  24th  June,  1638.' 

On  the  19lh  of  the  following  August  another  ordi- 
nance was  passed  by  the  same  high  authority,  in 
which  occurs  this  clause  providing  that  all  legal 
documents,  shall  be  drawn  up  by  the  Secretary  of  the 
Province ; — "  Likewise,  that,  from  now  lienceforsvard, 
no  instruments,  whether  contracts,  obligations,  leases, 
or  Bills  of  Sale,  orsucli  ike  writings  of  what  nature 
soever  they  be,  and  concerning  which  any  dispute 


sitisalsopiliilpd  in  XIII.  Col.  Hist.,  B. 

*LawH  N.  N.,  Ifi.  This  law  wna  the  origin  oftbo  "four  fat  fowU" 
cIhuso  uf  tile  nmnorial  loasoa  in  New  Yori<. 

The  "  teiitlis  "  <ir  titlies  were  8ini|)l>'  »  form  of  rental,  the  recompenfo 
to  tlu>  Cuiiipany  and  the  Putroona  fur  their  outlay  and  expense  In  settling 
their  lands. 


68 


HISTORY  OF  WESTCHESTER   COUNTY. 


may  arise,  sliall  be  held  valid  by  the  Director  and 
Council,  unlofw  they  shall  be  written  by  the  Secretury 
of  this  place.  Let  every  one  take  warning  and  save 
himself  from  damage.  Thin  done  and  published  in 
Fort   Amsterdam  this  19th  of  August,  lli38."' 

The  witnesses  to  the  above  instrument  were  well 
known  men  of  mark  at  that  day.  The  name  of  the 
first  correctly  entered  should  have  been  Cornelis  van 
der  HoyAren,  or  van  der  Huyghens,  as  the  name  was 
truly  spelled.  He  was,  on  July  llUh,  1G8!),  just  pre- 
vious to  the  date  of  this  deed,  appointed  the  Sehout- 
Fiscaal,  orSherifl'und  Attorney-tienerul,  of  the  Prov 
ince,  served  for  several  years,  and  was  drowned  on 
the  voyage  to  Holland  in  1G47  with  Governor  Kieft. 
David  Pietersen  de  Vries  was  tiie  famous-  navigator, 
Ihe  author  of  the  "Journal  notes  of  severiil  voy'.',;c8 
in  Europe,  Africa,  Asia  and  America,"  one  of  the 
earliest  and  most  authentic  writers  on  NewNetherland, 
He  was  also  a  Patroon  of  Swunandael  on  the  Dela- 
ware, of  another  Patroonsliip  upon  Staten  Island,  and 
in  the  words  of  Hrodhead,  was  "  frank,  honest,  relig- 
ious, and  a  sincere  advocate  of  the  true  interesta  of 
New  Netherland." ' 

Cornelis  Tienhoven  the  Secretary,  so  long  in  office 
under  Kieft  and  Stuyvcsant,  and  often  their  envoy 
to  the  different  English  Colonies,  and  active  in 
other  public  positions  in  New  Amsterdam  is  so  well 
known  as  to  need  no  further  mention. 

Van  dor  Donck  began  his  settlement  on  the  banks 
of  the  Neperhaein,  or,  as  more  lately  termed,  the 
Neperan  near  its  c(mfluence  with  the  Hudson,  erect- 
ing a  saw  mill,  and  otiier  improvements  incident  to 
such  ar:  crileiprise,  at  that  plate.  From  this  mill  the 
Btrea.n  derived  its  Dutch  name  -a'  8aeg-Kill,  or  Saw- 
Kill,  and  the  English  one,  by  which  it  continues  to  be 
known,  the  "  Saw-Mill  River."  For  his  own  residence 
and  home  plantation,  he  selected  the  southern  end  of 
the  beautiful  peninsula,  or  tide  island  as  it  really  wns. 
and  the  meadows  immediately  about  it,  w  tiicli  the  Indi- 
ans called  Papirinemen,  directly  opposite  the  north- 
ernmost extremity  of  Manhattan  Island,  almost  sur- 
rounded by  the  waters  of  the  same  name,  connecting 
the  Spyt-den-Duyvel  Creek,  on  the  west,  with  the 
Great  Kill,  or  Harlem  River  on  the  east;  and  upon 
which  afterward  was  erected  the  first  bridge  connect- 
ing Manhattan  Island  with  the  mainland  of  West- 
chester County,  then,  and  to  this  day  called  Kings- 
bridge.''  He  also  cultivated  the  ancient  corn  grounds 
of  the  former  Indian  owners,  now  the  beautiful  flat 
surrounding  the  old  "Cortlandt  House"  soon  to 
be  the  parade-ground  of  the  new  "  Van  Cortlandt 
Park ; "  that  estate  which  has  continued  in  the  family 
for  nearly  two  centuries,  having  now  been  wisely 
acquired  by  the  City  of  New  York  for  a  grand  sub- 
urban park. 

Becoming  engaged,  as  a  leader,  in  the  disputes 


»  Laws  N.  N.,  17. 

s  Vol.  I.  381,  note. 

»  VttU  doi-  Djuck'8  Letter. 


Hiker's  Hiirlein,  103. 


between  the  people  of  New  Amsterdam  and  Governor 
Stuyvesan'.  as  the  representative  of  the  West  India 
Conipa.  y,  he  could  not  give  his  Patroonsliip  the 
attention  it  needed.  Three  years  after  tlio  grant  to 
him  ol  Polen-Donck  by  Governor  Kieft,  the  troubles 
with  Htuyvestant  came  to  a  head.  The  Commonalty 
of  the  "  Province  of  New  Netherland,"  drew  up  by 
a  committee,  a  Petition  to  the  States-General  lor  a 
redress  of  their  grievances,  dated  July  2(3th,  164!); 
the  draughtsman,  and  fir^t  signer,  of  which  was 
Adriaen  van  der  Donck.  This  Petition,  wiili  a  full 
'■xplanation  in  the  form  of  notes,  also  by  van  der 
1  '"lick  and  signed  by  hi;ii  /:nd  the  others  of  the  com- 
iiiittec  was  transmitted  U,  Holland.'  Two  days  later 
on  the  '2>'th  of  July,  was  als':  ;ii'  ,ied  the  famous 
"KiMionsli-ance,"  or  '' Verto(l^;^'  of  van  der  Donck, 
giving  a  long,  detailed,  history  ■  .  the  discovery,  pro- 
ductions, settlement,  and  alleged  misgovernmcnt  of 
the  New  Netherland  by  the  ollicers  of  the  West  India 
Company. 

Van  der  Donck,  Jacob  van  Couwenhoven,  and  Jon 
Everts  Bout,  were  appointed  by  the  Commonalty  a 
delegation  to  proceed  to  Holland  and  lay  these  docu- 
ments before  the  States-(ienerul  and  the  West  India 
Company  and  ask  for  a  redress  of  what  they  I'eemed 
oj'pression.  On  the  12th  of  the  succeeding  .\tigust, 
v>.n  Dincklagen  the  Vice-Director  under  Sti>'  'esant, 
but  not  favored  by  him,  sent  a  letter  to  the  States- 
General,  in  which  he  says,  "  whereas  the  Condition  of 
that  most  fertile  New  Netherland  is  seriously  impair- 
ed by  the  war,''  and  the  Commonalty  hath  resolved 
on  a  delegation  of  three  of  ihe  Nine  Selectmen  in 
order  that  your  High  J.'^ightinesses  iiiayot)taiii  full  and 
thorough  information  <.n  every  point,  [and]  I  have  not 
been  able  to  dissundi,  them  therefrom.  I  cannot  but 
say  they  intend  wiiat  is  right.  These  persons  are 
thoroughly  conversant  with  the  situation  of  the  coun- 
try. I  hope  your  High  Mightinesses  will  be  pleaded 
thereby  and  extend  to  them  a  favorable  audience, 
and  give  them  despatch  as  soon  as  your  High  Mighti- 
nesses' more  weighty  affairs  will  permit,  as  the  people 
are  very  anxious." " 

These  papers  were  received  on  the  13th  of  October, 
164l>,  by  the  Statas-General  from  the  delegates,  and 
referred  to  a  special  committee  to  examine  and  report 
upon  them.  On  the  31st  of  January,  ItWO,  the  <  mi- 
mittee  reported  adversely  to  the  Petitioners,  an^'  ring 
their  documents  article  by  article,  and  'i'.\nf^  ■ ',rong 
language.^  The  delegates  replied  by  a  funl.et  short 
petition  on  the  7th  of  February  following,  which  was 
also  referred  to  a  special  committee.*  Other  com- 
munications were  subsequently  received  and  referred. 
Finally  their  committee  reported  to  the  States-Gen- 
eral a  long,  detailed,  and  very  full  "Provisional  Order 
respecting  the  Government,  Preservation  and  Peo- 


*  I.  Col.  Hint,  2ft9,  270. 

'''  K  ieft'a  lute  war  with  the  IiidlanB  la  here  referred  to, 

•1.  Col.  HlBt.,;il». 

1 1  Col.  Ili»t.,  MS,  etc.  SILld.,  MO. 


THK   ORir.IX   AND   HISTORY  OP  THE   MANORS. 


w 


plintf  of  New  Netherlnnd  on  April  11,  ItirtO."  Tt  con- 
tiiinffi  twenty-one  gcctionH  materially  modifying  thu 
action  of  the  West  Inclia  Conipany, — and  one  of 
which  instructed  Stuyvcuant  to  return  to  Holland.' 
The  Company  oppo«e<l  its  adoption,  and  it  wan  tempo- 
rarily laid  over.'  A  new  moditication  of  the  Free- 
doms and  Kxemptions  wan  alHo  adoftted  on  the  24tli 
May,  l(j")0,  which  however  did  not  change  the  prin- 
ciples of  those  of  1()2!),  and  l(i40,  hut  referred  chiefly 
to  minor  details.  This  was  the  last  legislative  action 
of  the  .States-General  relative  to  the  colonization  of 
New  Netherland.''  Van  der  Donck  endeavoured 
to  aid  his  "Colonie,"  and  New  Netherland  gen- 
erally, in  the  matter  of  po]>ulation.  On  the 
lull  of  March,  KJM,  he  and  the  other  delegates, 
concluded  a  contract  "  to  charter  a  suitable  fly 
boat  of  two  hundred  lagts,  and  therein  to  go  to 
sea  on  the  1st  of  June  next,  and  convey  to  New 
Netherland  the  number  of  two  hundred  passengers, 
of  which  one  hundred  are  to  be  farmers  and  farm 
servants,  and  the  remaining  one  hundred  such  as  the 
Anisterdum  Chamber  is  accustomed  to  send  over, 
<'onversant  with  agriculture,  and  to  furnish  them  with 
8iipplie>  fi>i  the  voyage,"  on  condition  that  the  con- 
triictors  should  be  allowed  four  thousand  guilders 
from  the  export  duties  on  New  Netherland  freightF, 
"to  pay  present  expenses,"  and  the  further  sum 
of  seven  thousand  guilders  from  the  peltry  duties  at 
New  Amsterdam;  and  in  ease  of  failure  by  the  eon- 
tractors  they  were  to  restore  the  four  thousand  guil- 
ders, and  forfeit,  besides,  two  thousand  guilders  more 
of  their  own  funds.* 

Van  Couwenhoven  and  Bout  returned  to  New 
Netherland  with  a  copy  of  the  "Provisional  Order," 
arriving  there  on  the  28th  of  June,*  leaving  van  der 
Donck  in  Holland  to  complete  the  business  of  the 
delegation,  and  return  when  the  redress  was  actually 
voted.  Failing  to  obtain  action,  van  der  Donck,  on 
the  14th  January,  l(i.51,  presented  the  8tate8-(}eneriil, 
with  a  further  petition  "  again  praying  that  a  speedy 
and  necessary  redress  may  be  concluded  on,  in  regard 
to  the  affairs  of  New  Netherland." 

Stuyvesant  declined  to  obey  the  "  Provisional 
order,"  except  in  some  minor  matters,  and  opposed  it 
l)y  strong  despatches  to  the  company,  while  his  Secre- 
tiiry  van  Tienhoven  was  already  in  Holland  fighting 
van  der  Donck  strenuously  before  the  authorities 
there.  On  the  10th  of  February,  16r)2,  nothing  having 
been  finally  determined,  still  another  rej)rcsentation  of 
the  contumacy  of  Stuyvesant,  and  the  continued  bad 
state  of  New  Netherland,  and  the  necessity  for  an  act 
of  redress  of  their  grievances  was  made  by  van  der 
Donck.  It  thus  concludes, — "the  said  delegate  of 
the  Commonalty  of  New  Netherland  again  humbly 
prays  and   requests  your  High  Mightinesses  to  be 


1 1.  Col.  IIW.,  387. 
•Ibid.,  401. 


sihlil.,  3!i:i. 

*  I.  Cul.  Hist,,  370. 


>I.  Colonial  Hlrt.,  447. 


pleased  to  dispose  favorably  of  the  aforesaid,  in  order 
that  he,  the  delegate,  may  leave  by  the  first  ship  this 
spring  on  his  return  for  New  Netherlan<l."' 

With  this  paper  van  der  Donck  laid  before  the 
States-Cieiieral  a  Vfduniinous  mass  of  extracts  of  let- 
ters and  other  documents  received  chiefly  in  the  year 
KWl,  by  him  from  New  Netherland,  detailing  the 
dilHculties  there.'  After  a  reference  of  these  papers 
to  the  different  chambers  of  the  West  India  I'ompany 
and  considering  their  various  reports  thereon,  which 
occui)ied  many  months,  the  States-General  adopted 
and  sent  the  following  recall  to  Stuyvesant,  "  Honor- 
able &c.  We  have,  in  view  of  the  public  service  con- 
sidered it  necessary  to  re(iuire  you,  on  sight  hereof,  to 
repair  hither  in  order  to  furnish  us  eireiimstantiiil  and 
pertinent  information,  as  to  the  trm  au)  actuu'  con- 
dition of  the  country  and  affairs;  an  i  also  of  the 
boundary  line  between  th'!  English  and  the  Dutch 
there.     Done  27th  April  1(552."" 

The  very  day  before,  on  the  2fitli  of  April,  at  his 
own  requost  pursuant  to  the  charter  of  Freedoiiis  and 
Exempli. ins,  the  StatesCieneral  granted  to  van  der 
Donck,  by  patent  under  seal,  the  "  vrnln  tinlandi,"  or 
rlglit  to  dispose  by  will  as  Patroon,  "of  the  Colonie 
Nepperhaem  by  him  called  Colem  Donck,  situate  in 
New  Netherland."" 

He  now  thought  everything  was  completed  and  that 
he  should  soon  be  again  on  the  banks  of  the  Hudson. 
He  embarked  his  gcKuls  and  everything  in  the  way  of 
supplies  for  his  "Colonie,"  in  a  vessel  then  anchored 
in  the  Texel,  and  on  the  13th  of  May  1(552  applied  to 
the  States-General  for  their  formal  permit  to  return 
home,  which  was  requisite  ny  a  resolution  of  that 
body  of  the  14th  of  the  prcoding  March.  Hut  he  wiis 
doomed  to  disappointment.  The  Amsterdam  chamber 
supported  their  otlicers,  and  were  displeased  at  van 
der  Donck,  and  the  delegation  for  laying  all  their 
matters  before  the  States-General  instead  of  before 
themselves,  thereby  forcing  the  chamber  to  bring  its 
own  action  in  New  Netherland  before  the  "Lords  of 
Holland,"  as  the  Slatcs-Cieneral  were  termed.  And 
it  had  influence  enough  among  them  to  annoy  van  der 
Donck  in  every  way.  His  request  was  merely  referred 
to  a  committee  "to  examino."  But  on  the  24th  of  May 
he  sent  in  a  long  and  sharp,  but  respectful,  memorial, 
protesting  against  their  inaction.  In  this,  he  says, 
"that  proposing  to  depart  by  your  High  Mightinesses 
consent,  with  his  wife,  mother,  sister,  brother,  servants, 
maids,  and  in  that  design  had  packed  and  shipped 
all  his  implements  and  goods,"  but  he  understood 
"that  the  Hon.'""  Directors  at  Amsterdam  had  for- 
bidden all  skippers  to  receive  him,  or  his,  even  though 
exhibiting  your  High  Mightinesses  express  orders 
and  consent,"  *  *  *  "by  which  he  must,  without 
any  form  of  procedure,  or  anything  resembling 
thereto,  remain  separated  from  his  wife,  mother,  sis- 


« I.  Col.  HiBt.,  438. 
91.  Cul.  Hlat.,472. 


'I.  Col.  Hl»t.,  444-461. 
•I.  Col.  HUt.,  470. 


70 


HISTORY  OF   WESTCHESTER   COUNTY. 


ter,  brother,  servants,  maids,  family  connexions,  from 
two  good  friends,  from  his  mercliundise,  his  own 
necessary  goods,  furniture,  and  also  from  his  real 
estate  in  New  Netherland.'"  But  this  also  was 
merely  referred  to  the  various  chambers  "  for  their 
information."'^  Nothing  was  done,  and  on  the 
5tli  of  August,  1G52,  he  again  solicited  permission 
to  depart.'  He  was  again  denied,  and  this,  too, 
iu  spite  of  his  showing  that  his  afUiirs  were 
going  to  ruin,  and  the  cruelty  of  separating  him 
from  his  wife  and  family.  The  family  therefore  were 
obliged  to  sail  without  him,  and  he  returned  to  the 
Hague.* 

To  this  persecution  and  vindictivcness  of  his  oppo- 
nents, however,  we  are  indebted  for  the  most  valuable 
account  of  New  Netherland  written  by  any  one  who 
had  then  been  a  resident  there.  He  seems  to  have 
begun  this  work  immediately  upon  his  return  to  the 
Hague  and  it  was  probably  finished  in  the  course  of 
the  ensuing  winter.  In  May  he  ai)plied  for  a  copy- 
right, which  after  an  examination  of  the  book  both  by 
the  Chamber  of  Amsterdam,  and  a  Committee  of  the 
States-General,  was  granted  by  the  latter  body  on  the 
24th  of  May,  1753.  The  correspondence  on  this  subject 
between  these  bodies,  shows  that  a  copy  of  this  little 
book  was  sent  by  the  former  to  the  latter  on  the  2d  of 
May,  and  referred  to  a  committee  "  to  inspect,  examine, 
and  report  thereon.'"*  It  must  therefore  have  been 
printed  at»  that  time,  though  no  copy  of  that  date  is 
now  known  to  exist.  This  is  the  more  ])robable  from 
the  fact,  that  van  der  Donck  was  at  length  permitted  to 
depart,  and  returned  to  New  Netherland  in  the  sum- 
mer of  1753."  As  we  know  that  he  intended  to  write 
an  addition  to  this  work  in  order  to  make  it  complete 
as  a  history.,  and  obtained  an  order  from  the  West 
India  Company,  in  the  shape  of  a  letter  from  it  to 
Stuyvesant,  to  permit  him  to  examine  the  papers  and 
records  in  the  Secretary's  oHice  of  the  Province,  for 
that  purpose,  it  may  be,  that  though  printed,  it  was 
not  published  in  ltJ53,  Stuyvesant  on  his  return 
refused  him  access  to  the  records,  and  thus  defeated 
his  plan,  and  he  then,  in  all  probability,  consented  to 
tlie  publication  of  what  had  already  been  printed  in 
lliiUaud.  He  died  in  lt>55,  about  two  years  after  his 
return  to  America,'  and  in  the  same  year  the  first 
edition  of  his  work  that  we  now  have,  was  issued  in 
Amsterdam,  with  a  view  of  New  Amsterdam  inserted." 
A  second  edition  was  issued  in  10.5(),  also  in  Amsterdam, 
without  the  view,  but  containing  a  nnip  of  New 
Netherland.  This  book  was  entillcill  "'  Iteschryvin  I. 
van  Niew  Nederlundt,"  or,  "  A  Description  of  New 
Netherland"  (such  as  it  now  in)  Comprehending 
the  nature,  character,  situation  and  Fruitfulness  of 


«I.  Col.  Hist.,  47I',  ITS. 

<ii.|J.,  ;ai. 


1 1.  Col.  Hl«t.,  476. 
silild.,  'IK.1. 
M.  Ci.l.  lll«t..  Ml,  M2. 
»  N  V.  Hint.  Soc.  <'oll,,  2cl  Scriw",  vol.  II.  •.•,18. 
'I.  (1,1.  ni8t.,  .Mtl  ;  II.il'I'iUl.,  .I'll, 
It  )■  a  ■iimll  4tu  Tul.  uf  101  \»iii^t,  with  an  iutruduction  of  s  pogoi. 


that  Country,"  Ac,  &c.,  with  an  account  of  the  man- 
ners and  customs  of  the  Indians,  and  of  the  natural 
history  of  the  Beaver."  This  and  the  "Vertoogh" 
or  "Remonstrance"  referred  to  before,  published  in 
1C50,  which  was  a  contemporaneous  relation  of  events 
iu  New  Netherland,  historical,  civil,  and  military, 
are  the  two  most  valuable  and  authentic  accounts  of 
New  Netherland  and  its  early  history  and  condition, 
that  exist,  and  are  the  sources  to  which  all  writers 
ever  since,  have  gone  for  information  on  the  early 
history  of  what  is  now  New  York.  The  first  named 
work  was  first  published  in  English,  only  in  1841,  in 
the  first  volume  of  the  second  series  of  the  Collections 
of  the  New  York  Historical  Society,  the  translation 
having  been  made  by  the  late  General  Jeremiah 
Johnson  of  Brooklyn.  And  in  the  second  volume  of 
the  same  series,  is  an  admirable  translation  of  the 
"  Vertoogh,"  from  the  pen  of  the  Hon.  Henry  C. 
Murphy  of  the  same  city. 

This  full  sketch  of  the  I'atroon  of  Colen  Donek  and 
his  career  is  given,  because  it  shows,  that  it  was 
owing  to  what  may  be  called  his  public  life,  that  he 
was  unable  to  effect  the  better  settlement  of  his  West- 
chester Patrooiiship.  His  enforced  absence  ft)r  so 
long  a  period,  was  followed  by  his  death  two  years 
only  after  his  return  to  America,  too  short  a  time  to 
enable  him  to  carry  out  any  plans  he  may  have 
formed  iu  regard  to  it.  And  al.-io  because  that  ca- 
reer, one  of  the  most  striking  antl  remarkable  in  New 
Netherland  history,  was  the  career  of  the  I'atroon 
of  the  only  ratroonship  in  Westchester  County. 

Prior  to  leaving  Rcnsselaciswyck,  and  in  the  year 
lt!45,  von  der  Donck  mariied  Mary  Doughty, 
a  daughter  of  the  Rev.  Francis  Doughty,  a  New 
England  clergyman,  who  in  1(142,  three  years  before, 
had  been  driven,  with  many  of  his  friends,  by  the 
persecuting  Puritans  of  ^Massachusetts  from  his  home 
in  that  colony.  Having  stated  publicly,  at  Cohasset, 
"that  Abraham's  children  slioukl  have  been  bap- 
tized," he  was  forthwith  dragged  out  of  the  assembly 
and  otherwise  harshly  used;  and  with  one  Richard 
Smith  and  some  others  who  held  like  views  of  bap- 
tism, was  forced  to  '"  escape  from  the  insupportable 
government  of  New  England  '  to  New  Netherland." 
He  and  his  friends  were  granted  in  compassion  for 
their  sull'erings  and  poverty,  a  tract,  with  the  priv- 
ileges of  a  i)atroonship  for  those  interested  collect- 
ively, but  without  the  privilege  of  milling,  or  the  title 
of  I'atroon  to  any  one  of  them,  for  (iOOO  Dutch 
acres,  .at  Miwpeth,  on  Long  Island,  dated,  March 
28th,  1(j42.  But  quarrels  between  the  parties  them- 
selves, the  Indian  war,  and  Doughty's  demands  for 
money  for  himself  jjcrsonally,  made  the  enterprise  a 
failure,  and  the  lands  were  afterwards,  under  the  law, 
confiscated  to  the  company  by  (iovernor  Kiel't,  and 
subseciucntly  regranted  in  parcels,  to  dill'erent  indi- 
viduals.'" 


» N.  Y.  Col.  Hilt.,  lai. 


WXI7.  Cul.  Illit.,  4ia. 


THE  ORIGIN  AND  HISTORY  OF  THE  MANORS. 


n 


This  is  the  only  instance  on  record  of  a  collective 
transport  of  a  Patroonaiiip,  and  seems  to  have  been 
made  ex-gratia  as  a  matter  of  charity,  to  the  poor 
persecuted  exiles  from  Puritan  Massachusetts,  who 
brought  practically  nothing  but  their  own  persons 
to  New  Netherland.  Nothing  was  paid  by  them 
for  the  land,  and  all  that  the  grantees  had  to  do, 
was  "  to  acknowledge  the  said  Lords  Directors 
as  their  Masters  and  Patroons,  to  pay,  alter  the 
lapse  of  ten  years,  the  tenth  part  of  the  produce  of 
the  fields,  whether  cultivated  with  the  plough,  or  hoe, 
or  otherwise  (orchards  and  gardens  not  exceeding  one 
acre,  Holland  measure  excepted)."'  Doughty  after- 
wards removed  to  Patuxent,  in  Maryland,  wliere  his 
daughter  resided  and  where  he  was  living  in  October, 
1659.' 

When  Van  der  Donck  died  in  1655,  his  widow  was 
left,  after  a  nuirried  life  of  ten  years,  with  some  small 
children,  but  how  many,  is  not  now  known.  As  we  have 
seen  that  he  had  sought  and  obtained  the  venia  tes- 
inndi,  or  the  right  of  disposing  of  hisPatroonship  by 
will,  he  probably  devised  Colen-Donck  to  his  widow. 
She  subsequently  married  Hugh  O'Neale  of  Patuxent, 
Maryland,  and  resided  with  lier  husband  in  that 
province.  Eleven  years  after  van  der  Donck's  death, 
and  two  after  the  English  seized  New  Netherland,  a 
new  patent  dated  October  8th,  1606,  in  the  nature  of 
a  confirmation  was  issued  by  Governor  Richard 
Nicolls  to  O'Nealc  and  his  wife  in  their  joint  names, 
thus  vesting  the  title  to  the  whole  Patroonship  in 
them  jointly.  This  Patent  styles  it  "  Nepperhaem," 
and  is  in  these  words  ; — 

"  Itichard  Nicolls,  Esq.,  Governor  under  his  Royal 
Highness,  ye  Duke  of  York,  of  all  his  territorycs  in 
America,  to  all  to  whom  this  present  writingshallcome, 
sendeth  greeting:  Whereas  there  is  a  certain  tract  of 
land  within  thia  Government,  upon  the  Main,  Bound- 
ed to  the  northwards  by  a  rivulet  called  by  the  Indi- 
ans, Macakassin,  so  running  southward  to  Nepi)er- 
haem,  from  thence  to  the  Kill  Shorakkappock,'  and 
then  to  Paperinemin,*  whicli  is  tlic  southern  most 
bounds,  then  to  go  across  the  country  to  the  eastward 
by  that  which  is  commonly  known  by  the  mime  of 
lironck's,  his  river  and  land,  which  said  tract  hath 
heretofore  been  purchased  of  the  Indian  pr(q>rietors 
by  Adriaen  van  der  Donck,  deceased,  whose  relict, 
^lary,  the  wife  of  Hugh  O'Ncale,  one  of  the  paten- 
tees is,  and  due  satisfaction  was  also  given  for  the 
same,  as  bath  by  some  of  the  said  Indians  been  ac- 
kiiowledged  before  me;  Now  for  a  further  confirma- 
tion unto  them,  the  said  Hugh  O'Ncale  and  Mary 
his  wife,  relict  of  the  aforesaid  Adriaen  van  <ler 
Donck,  in  their  possession  and  enjoyment  of  the 
premises  Know  ye,  that  by  virtue  of  this  our  commis- 

1  Tlio  nrlf^iiuil  tninHport  Irtin  IjUt'n,  niul  ttn  Kii^Hr.))  tnuisliition  in  in 
XIV.  Cnl.  Illst.,  IW  ;  1.  OCull,  1!:17  ;  ana  .Vpiwmllx,  4^7  unil  1J8. 
'MI.  Col.  Iliiit.,li:t. 

'  Till'  Inillan  tminu  uf  S|iytMl«n-L<uyvel  Creek. 
<  Nuw  KlngabrldKo. 


sion  and  authority, given  unto  me  by  his  Eoyal  High- 
ness the  Duke  of  York,  I  have  thought  fit  to  give, 
ratify,  confirm,  and  grant,  and  by  these  presents  do 
give,  ratify,  confirm,  and  grant,  unto  the  said  Hugh 
O'Neale  and  Mary  his  wife,  their  heirs  and  assigns, 
all  the  afore  mentioned  tract  or  parcel  of  lands  called 
Nepperhaem,  together  with  all  woods,  marshes, 
meadows,  pastures,  waters,  lakes,  creeks,  rivulets 
fishing,  hunting  and  fowling,  and  all  other  profits, 
commodities  and  emoluments  to  the  said  tract  of  land 
belonging,  with  their,  and  every  of  their  appurten- 
ances, and  of  every  part  and  parcel  thereof,  to  have 
and  to  hold  the  said  tract  of  land  and  premises,  with 
all  and  singular  their  appurtenances,  to  the  said 
Hugh  O'Neale  and  Mary  his  wife,  their  heirs  and 
assignes  to  the  proper  use  and  behoofe  of  the  said 
Hugh  O'Neale  and  Mary  his  wife,  their  heircs  and 
assignes  forever,  he,  she,  or  they,  or  any  of  them,  ren- 
dering and  paying  such  acknowledgment,  and  duties, 
as  are,  or  shall  be,  constituted  and  ordayned  by  his 
Royal  Highness  the  Duke  of  York,  and  his  heirs,  or 
such  governor,  or  governors,  as  shall  from  time  to 
time  be  appointed  and  set  over  them  within  this 
province.  That,  if  at  any  time  hereafter,  his  Royal 
Highness,  his  heirs,  successors,  or  assigns,  shall  think 
fit  to  make  use  of  any  timber  for  shipping,  or  for 
erecting  or  repairing  of  forts  within  this  government, 
liberty  is  reserved  lor  such  uses  and  purposes  to  cut 
any  sort  of  timber  upon  any  unplanted  grounds,  on 
the  said  tract  of  land,  to  make  docks,  harbours, 
wharfes,  houses,  or  any  other  conveniences  relating 
thereunto,  and  also  to  make  use  of  any  rivers  or 
rivuletts,  and  inlets  of  water,  for  the  purposes  afore- 
said, as  fully  and  free  as  if  no  such  patent  had  been 
granted. 

Given  under  my  hand  and  seal  at  Fort  James,  New 
Y''ork,  on  the  Island  of  Manhattan,  the  eighth  day 
of  October,  in  the  eighteenth  year  of  the  reign  of 
our  sovereign  Lord,  Cluirles  the  Second,  by  the  grace 
of  God,  of  England,  France,  and  Ireland,  King, 
defender  of  the  Faith,  &c.,  &c.,  in  the  year  of  our 
Lord  God,  IGliG."* 

The  acknowledgment  by  the  Indians  referred  to 
in  the  foregoing  deed,  thus  appears  under  date  of 
Sei)tember  21st,  1G68,  in  Book  of  Deeds  I II.,  at  Albany, 
page  42 : 

"This  day  came  Hugh  O'Neale  and  Mary  his 
wife  (who  in  right  of  her  former  husband  laid  claime 
to  a  cert"  parcele  of  land  upon  the  Maine  not  farre 
from  Westchester,  conmionly  called  the  Y''ounckers 
land),  who  bro't  severall  Indyans  before  the  gov"  to 
acknowledge  the  purchase  of  said  lands  by  van  der 
Donck  commonly  called  ye  Y'ounckcr.  The  said 
Indyans  declared  y''  bounds  of  the  sd.  lands  to  be 
from  a  place  called  by  them  Macackassin  at  y°  north 
80  to  run  to  Neperan  and  to  y"  Kill  8oro-(iuappock, 
then  to  Muakota  and  Pappcrinemain  to  the  south, 


t  Recorded  in  Sec.  of  Stato'i  ufllce.  Alba  ay 


72 


HISTORY  OP  WESTCHESTER  COUNTY. 


and  crosae  the  country  to  y'  eastward  by  Bronckx  his 
Ryver  and  Land.  The  Indyan  Propyetors  name  who 
was  cheife  of  them  is  Tackareeck  living  at  the 
Nevisans '  who  acknowledged  the  purchase  as  before 
described,  and  that  he  had  received  satiafac"  for  it. — 
Claes  y'  Indyan  hav'  interest  in  a  part  acknowledged 
to  have  sould  it,  and  received  satisfact"  of  van  der 
Donck.  All  the  rest  of  the  Indyans  present  being 
seven  or  eight  acknowledged  to  have  rec""  lull  satis- 
faction." 

The  dateof  this  instrument,  1668,  is  evidently  a  cleri- 
cal error  for  1606,  as  the  acknowledfrment  is  recited  in 
NicoU's  patent  of  confirmation  >vhich  bears  .day  Oc- 
tober 8th,  1666. 

From  this  patent  it  is  clear  that  no  part  of  the 
patroonsliip  had  been  parted  with  since  van  der 
Donck's  death  in  1655.  And  from  the  fact  that  on 
the  HDth  of  the  same  October  in  the  sime  year  in 
which  this  patent  was  granted,  only  twenty-two  days 
afterward,  the  first  conveyance  under  it  was  made  by 
O'Neale  and  his  wife,  it  seems  evident  that  it  was 
obtained  simply  as  a  confirmation  of  the  original 
title,  and  an  acknowledgment  of  its  validity,  by  the 
New  English  government,  in  order  to  make  the  sale 
alluded  to.  This  sale  of  the  tract,  on  October 
30th,  1666,  was  made  to  Elias  Doughty,  of  Flushin™, 
Long  Island,  who  was  the  son  of  the  Rev.  PVancis 
Doughty,  and  a  brother  of  van  der  Donck's  widow, 
the  then  wife  of  Hugh  O'Neale,  and  vested  the  entire 
Patroonship  in  him. 

Elias  Doughty  at  once  began  the  fale  of  it  in 
different  parcels  to  diilbrent  individuals  iii  fee.  On 
the  first  of  March,  1667,  four  months  after  he  had 
become  its  owner  Elias  Doughty  sold  to  John  Arcer, 
or  Archer,  as  this  Dutch  name  was  Anglicised,"  "four 
score  acres  of  upland  and  thirty  of  meadow  betwixt 
Broncx  river  &  y"  watering  place  at  the  end  of  the 
Island  of  Manhattans,"'  which  four  years  later^ 
with  some  adjoining  jmrchases  of  lands,  was  erected 
in  his  favor  into  the  Manor  of  Fordham  by  Gover- 
nor Lovelace  on  the  l.'tth  of  November,  1771. 

On  June  7th,  1()68,  Doughty  sold  to  .lohn  Heddy  * 
of  Westchester  a  tract  of  three  hundred  and  twenty 
acres,  now  part  of  the  old  van  Cortiandt  estate,  re- 
cently taken  for  van  Cortiandt  Park.  The  next 
month,  on  the  (lib  of  July,  l(i68,  Elias  Doughty  sold 
to  George  Tippitt  and  William  Hetts  another  piece  of 
Colen-Donck,  thus  described:  "A  parcell  of  land& 
meadow  to  ye  Patent  to  William  Hetts  and  George 
Tipi)ett  who  are  in  possession  of  a  part  of  the  same 
land  formerly  owned  by  old  Youncker  van  der  Donck 
which  runs  west  to  Hudson's  river  it  east  to  Hroncks 
River,  with  all  the  upland  from  Broncks  River  south 
to  Westchester  Path,  &  so  runs  due  east  and  north 


I  Tliu  Neveraiiik  Iliglilnnila  in  Now  Jeney. 

•Ulker'n  Hiiilimi,  i78. 

n>(ioil  Ilnnk  III.,  IM.  Allmny. 

4TliU  Ukiiiu,  apollud  uliu"i/cuiU^,"  wusrually,  It  li)buUeved,"/fiiit<l«ii." 


beginning  at  the  boggy  swamp  with"  the  liberty  of 
the  said  Patent,  &  the  southrnmost  bound  to  run  by 
the  path  that  runneth  or  lyeth  by  the  north  end  of 
the  aforesaid  swamp,  &  so  to  run  due  east  to  Broncks 
River,  &  due  west  to  the  meadow  which  cometh  to 
the  wading  place." ' 

From  this  George  Tippett,  or  Tippits,  as  the  name 
is  spelled  in  his  inventory  made  the  2!)th  of  Septem- 
ber, 1675,"  the  stream  is  called  Tippotts  brook,  which 
forms  the  van  Cortiandt  Lake,  and,  thence  flowing 
southerly  in  a  sinuous  course,  falls  intoSpyt-den  Duy- 
vel  Creek  just  east  of  Kingsbridge.  Its  Indian  name 
is  Mosholu. 

On  the  1st  of  December,  1670,  another  part  of  the 
Patroonship,  on  its  western  side  was  sold  by  Doughty 
to  Francis  French  and  Ebenezer  Jones  of  Ann 
Hooks  Neck  (now  Pelham  Neck),  and  John  West- 
cott,  of  Jamaica,  Long  Island.  This  was  the  tract 
on  the  Bronx  then,  and  now,  so  well  known  as  Mile- 
squnre.' 

These  were  all  the  sales  of  Doughty  in  the  south- 
ern part  of  the  Patroonship.  At  the  mouth  of  the 
"Nepperhaem  River,"  he  sold  on  the  18th  of  August, 
1670,  to  Dame  Margaret  Philii)se,  on  behalf  of  her 
husband,  Frederick  Philipse,  and  Thomas  Lewis,  for 
£150,  the  south  half  of  that  River  with  its  mill 
privileges,  and  also  about  three  hundred  acres  of  land 
adjoining  it.  The  north  half  of  the  river  and  its  mill 
privileges  he  sold  to  one  Dirk  Smith,  reserving  the 
right  to  repurchase  if  Smith  wished  to  sell.  This 
right  Doughty  conveyed  to  Philipse  and  Lewis,  who 
subsequently  effected  the  re-purchase." 

Two  years  after,  and  on  September  2!)th  in  the 
year  1672,  Frederick  Philipse,  Thomas  Delavall  and 
Thomas  Lewis,  bought  of  Elias  Doughty  all  the 
j  remainder  of  Colen-Donck,  each  taking  a  third  in- 
I  terest,  the  whole  amounting  to  seven  thousand  seven 
hundred  and  eight  acres.  Delavall  devised  his  share 
ten  years  Inter,  in  1682,  to  his  son  John,  and  he,  to- 
gether with  Frederick  Philipse  and  Mrs.  Geesie  Lewis, 
the  widow  of  Thonuis  Le«is,  obtained  a  patent  for 
the  whole  on  the  l!)th  of  February,  168-1.  Frederick 
Philipse  bought  out  Delavall's  share  on  the  27th  of 
August,  1685,  and  on  the  12th  of  Jutie,  1686,  also 
accpiired  by  purchase  that  of  Mrs.  Lewis  and  her 
children.  These  lands,  with  all  the  territory  above 
them  on  the  north,  as  far  as  ('roton  River, 
and  extending  from  the  Hudson  eastwardly  to  the 
Bronx,  subsecpiently  acquired  by  Philipse  and  his 
son  fVom  the  Indians,  were  seven  years  later,  on 
j  the   12th    of   June,  1693,    erected   into    that   mog- 


'Book  III.  of  Dl'uJh,  |i.  ):11,  Alliiui.v. 

"Lib.  I.,  N.  V.  Siirv,  Off.,  |>.  SM.  lli-  was  ii  iiicro  fjirmor  ami  llio 
inventory  In  hut  n  ll»t  iit  fiirm  stixk  anil  cimininn  limiw'  iitonnllH.  It,  Iioh- 
uvt-r,  thiiri  ilcM^rtbt'A  liis  fiiriii,  — **  Uvm,  n  triu-t  of  liiixl  iiiid  incadttw  ptii- 
ohnscitof  Klliia  IloiiKlity,  with  tint  liwellhiK-huiiso,  urcliuiil  siiil  luriiii 
niiw  Htunilini;  »ii  tin'  siilil  liiinl,— £l(l<i,  II,  ii.'  It  ulau  luciitiuiis  kia 
noi^lilHir,  *'.lnlin  Unlily,  of  ViiikciB,  CHr[tt'i»ter." 

t  Honk  III.  of  Devlin,   lao. 

«Ili)uk  urDeeil«,  IV.  0. 


THE  ORIGIN  AND  HISTORY  OF   THE    MANORS. 


78 


nificent  Manor  under  the  English  system,  which 
I'rom  his  own  name,  its  first  lord  called  "  Phil- 
lipseborough,"  or,  as  it  was  later,  and  is  to  this  day 
termed  "Philipseburgh." 

Thus  was  divided  up,  and  ended  forever,  the  only 
Patroonship  under  the  Dutch  system  of  Colonization, 
which  existed  within  the  limits  of  the  County  of  West- 
chester. And  its  termination  strictly  in  accordance 
with  the  provisions  of  the  charters  of  Freedoms  and 
Exemptions,  by  will  under  the  power  of  the  veiiia  let  - 
tandi,  as  therein  set  forth,  strikingly  illustrates  the 
fact,  that  the  tenure  of  the  Patroonships  could  never 
have  become  dangerous  to  the  rights,  and  liberties, 
and  laws,  of  the  people  of  New  Netherland. 

What  became  of  van  der  Donck's  children  is  not 
now  known,  nor  their  names,  nor  in  fact  how  many  of 
them,  if  any,  reached  maturity.  We  know  that  in 
1()53  his  mother,  a  brother,  and  the  son  of  the  latter, 
came  out  to  New  Netherland;  that  the  name  of  the 
former  was  Agatha,  that  of  his  brother  Daniel,  and 
that  of  the  son  of  the  latter,  Guisbert.  But  here  all 
certainty  ends.  We  may  hope  that  the  blood  of  so 
able  and  prominent  a  Hollander  still  exists,  but  that 
is  all. 

Although  but  this  one  Patroonship  was  established 
in  Westchester  County,  there  were  a  number  of  grants 
of  smaller  tracts  to  individuals,  made  by  the  Dutch  Di- 
rectors-General, after  they  had  purchased  the  Indian 
title  for  the  West  India  Company,  or  it  had  by  their 
permission  been  bought  of  the  Indians,  by  the  per- 
sons, or  for  the  persons,  to  whom  the  grants  were 
made.     But  these  require  no  special  mention  here. 


The  Capture  of  New  Nethfrland  from  the  Dutch,  and 

the  Creation  of  the  Englkh  '  Province 

of  New  York: 

The  continued  encroachment  and  pressure  of  the 
English  of  Connecticut,  and  of  the  east  end  of  Long 
Island— then  practically  a  part  of  Connecticut— upon 
the  Dutch  in  New  Netherland,  led  the  Burgomasters 
and  Schepens  of  New  Amsterdam  and  the  delegates 
from  the  adjoining  towns,  in  public  meeting,  on  the 
2d  of  November,  1GG.'3,  to  send  a  Remonstrance  to  the 
Directors  of  the  West  India  Comi)auy  asking  for  as- 
sistance and  protection.  In  this(iocumei\t they  make 
this  striking  statement  of  their  position,  and  the  con- 
dition of  the  Province,  at  that  time,  and  the  conse- 
quences that  would  follow  unless  relief  was  alforued, 
consequences  which  really  happened  in  less  than  a 
year  afterward. 

"  When  it  is  considered  that  the  Remonstrants,  on 
the  one  side,  stand  here  between  barbarous  nations, 
and  are  bounded  on  the  other  by  a  powerful  iieigh- 
liour  who  keeps  ([uarreling  with  this  State  about  the 
limits.  Thus  the  good  people  are  thereby  brought 
and  reduced  to  a  condition  like  unto  that  of  a  Hock 
without  a  shepherd,  u  prey  to  whomsoever  will  seize 
0 


his  advantage  to  attack  it.  And  lastly  (and  what  is 
of  the  most  considerable  force),  is  evident  by  the  ag- 
gressions attempted  on  the  part  of  the  English  Nation, 
our  neighbours,  on  divers  places  into  the  jurisdiction 
of  this  Province ;  whereof  your  Honors  will,  no  doubt, 
have  been  advised  by  the  Director- General  and  Coun- 
cil. Which  English  Nation  hath,  as  your  Remon- 
strants learn,  found  out  a  way  neglected  by  your 
Honors,  to  provide  and  arm  itself  with  a  coat  of  mail 
in  the  shape  of  an  unlimited  patent  and  commission  ^ 
which  it  lately  obtained  from  his  Majesty  of  England.' 
"  So  thatthis  commission  and  patent  being  executed  by 
them  according  to  their  interpretation ;  for  experience 
in  State  affairs  teaches  and  abundantly  exemplifies, 
that  the  strongest  are  commonly  in  the  right,  and  that 
the  feeble,  ordinarily,  must  succumb;  the  total  loss  of 
this  Province  is  infallibly  to  be  expected  and  antici- 
pated, such  apprehension  being  indubitably  very 
strong;  or,  at  least,  it  will  be  so  cramped  and  clipped, 
that  it  will  resemble  only  a  useless  trunk,  shorn  of 
limbs  and  form,  divested  of  all  its  internal  parts,  the 
head  separated  from  the  feet;  and  therefore  the  Re- 
monstrants would  be,  if  not  at  once,  wholly  oppressed, 
and  reduced  to  such  a  state  of  anxiety,  as  to  be  des- 
perately necessitated,  to  their  irreparable  ruin,  to 
abandon  and  qi'it  this  Province,  and  thus  become 
outcasts  with  their  families. 

■  It  being  objected  and  pleaded  by  the  above  named 
Ei.^iish,  as  a  pretext  for  their  designs,  that  the  real 
right  and  propriety  of  this  Province  and-  its  territories 
were  not  duly  proved  and  justified  on  your  Honors 
parts  by  proper  commission  and  patent  from  their 
High  Mightinesses.  Whence  it  appears  in  conse- 
(pience  of  the  want  of  such  commission  and  j)atent, 
the  obtaining  whereof  from  their  High  Mightinesses 
has  been  so  long  postponed,  as  if  your  Honors  have 
been  pleased  to  place  the  good  inhabitants  of  this 
Province,  as  it  were,  upon  glare  ice,  and  have  given 
them  grounds  and  lands  to  which  you  have  no  real 
right.-  And  in  this  way,  too,  the  well  intentioned 
English  who  have  settled  under  your  Honors  (iov- 
ernmcnt  are  held  in  a  labyrinth  and  a  maze,  without 
any  right  assurance  how  they  shall  have  to  demean 
themselves  in  observing  the  oath  taken  by  them. 
[iif  alhciiance  to  the  Company  and  the  States- General], 

Wherefore  the  Uemonstrantsin  these  their  troubU^s, 
aHlictions,  intricacies,  and  extreme  necessity,  are 
come,  in  all  humility,  to  throw  themselves  on  your 
Honors  consideration,  fervently  and  heartily  praying 
you  to  be  pleased  to  enable  them  exactly  to  apjjly 
the  essential  means,  whereby,  they,  your  Honor's 
must  faithful  servants,  may  be  elfectually  supported 
and  maintained  in  the  real  possession  of  the  lands, 
properties,  and  what  depends  thereon,  which  were 
given  and  granted  them  by  the  above  mentioned  ex- 

>  Tliu  I'l'iiiintlciit  Piitciit,  gmiitivl  to  the  Now  Ilnven  auU  Hartfurd  wt- 
tlemellH  uti  tlic  '2:M  of  April,  Ii;(U. 

I'SpfclHl  |Hiti>titNtiitil  clinrt('n»,  lik«  tlioM>  nmlfi-  KngllAli  law,  weit*  uot 
Tavuruil  liy  tbu  lluiiiuu  Dutch  luw  uf  iiulluuU. 


74 


HISTORY   OF  WESTCHESTER  COUNTY. 


emptiona,  and  by  them  possessed  at  the  expense  of 
vast  labor,  bloody  fatigue,  and  the  outpouring  of 
countless  drops  of  sweat." ' 

The  formal  enactment  of  the  W.  I.  Company's 
Charter  of  Privileges  by  the  States-General,  and  of  the 
different  charters  of  "  Freedoms  and  Exemptions  " 
were  amply  sufficient  for  all  purposes  under  the  Law 
of  the  United  Provinces,  to  vest  perfect  titles  to  all 
lands  granted  under  them  in  New  Netherland. 
The  English  of  Hartford  and  New  Haven,  only 
obtained  their  Charter  of  Connecticut  from  Charles 
II.,  on  the  23d  of  April,  1662.  Not  till  after  they 
got  this  document,  did  they  seriously  claim  that 
the  Dutch  had  no  title  by  patent  from  the  States- 
General.  The  claim  was  baseless,  and  only  made  as 
a  cover  for  encroachment. 

Ten  days  after  the  above  Remonstrance  was  draws 
up  and,  later,  on  the  10th  of  November,  1(U)3,  Di- 
rector Stuyvesant,  in  a  despatch  referring  to  it,  also 
fully  and  vigorously  warns  the  Company  in  Holland, 
in  these  words ; — 

"  In  regard  to  the  unrighteous,  stubborn,  impudent, 
and  pertinacious  proceedings  of  the  English  at  Hart- 
ford, I  can  only  repeat  what  has  for  many  years  past, 
and  especially  these  two  last,  been  so  frequently 
stated,  set  forth,  and  requested  ;  all  which  neither 
time,  nor  o|)portunity,  permits  ns  to  relate  and  include 
herein.  Your  Honors  will  be  able  to  see  from  the  in- 
closures,  what  efforts  have  been  made  agreeably  to 
your  Honors  letters,  to  conclude,  in  this  country,  a 
settlement  of  the  Boundary  with  our  neighbors.  It 
was  first  attempted  by  the  Director-General  in  person 
at  the  geneiai  meeting  of  the  four  Englij-h  Colonies 
at  Boston ;  and  since  on  the  advice  of  three  of  the 
Colonies,'  by  our  Commissioners,  viz :  Mr.  Cornelis 
van  Ruyven,  Secretary  Oloff  Stevens  Cortlandt,  Bur- 
gomaster of  this  city,  and  John  Laurens  (Lawrence), 
burgher  and  merchant,  made  to  the  General  Court, 
or  Legislature,  at  Hartford. 

"  On  reading  over  both  journals,  your  Honors  will 
not  only  perceive  the  impossibility  of  effecting  any- 
thing here,  unless  all  be  given  uj)  to  them,  hardly  ex- 
cepting alone  what  the  Dutch  Nation  justly  possessed 
and  settled  on  Manhatans  Island  and  on  the  North 
River. 

"By  virtue  of  a  patent  signed  in  the  year  1626,  Bos- 
ton [Afafmchmeitg]  claims  whatever  is  north  of  42A 
depfrees.  East  and  West,  from  one  sea  to  the  other. 
This  line  includes  the  whole  of  the  Colonic  of  Rens- 
selaere-Wyck,  the  village  of  Bever-wyck,  and  all  the 
Mohawk  and  Seneca  country.  Again,  the  General 
Court  at  Hartford  lay  claim  to,  and  demand,  in  vir- 
tue of  the  newly  obtained  patent  Ithat  for  Connrc- 
Ucut  of  1662],  all  the  country  lying  South  of  the  afore- 
said line  of  42J  degrees,  and  westerly  until  it  touche» 
another  Royal  Patent,  and  therein  include  all  of  New 


m.   Col,  Hint.,  «8. 

^HiuMutiuaeiu  UeclliMKi  to  Ikke  part  la  til*  woond  conftrenc*. 


Netherland,  south  to  the  seacoast,  and  west  to  a  Royal 
patent ;  and  furthermore  declare  positively ; — 

'•  Firtt.  Contrary  to  the  advice  of  the  other  three 
colonies,  that  the  treaty  concluded  at  Hartford,  An". 
1650,  is  null  and  void. 

"tkeondly.  That  they  will  dissolve  the  Union  with 
the  other  three  colonies,  [rather]  than  acquiesce,  to 
the  prejudice  of  their  patent,  in  the  advice  of  the 
Commissioners  at  Boston. 

"  Thirdly.  They  know  no  New  Netherland,  nor  gov- 
ernment of  New  Netherland,  except  only  the  Dutch 
plantation  on  the  Island  of  Manhatan. 

"  Fuiirth/t/.  They  will  and  must  take  Westchester, 
and  all  the  English  towns  on  Long  Island,  under 
tl  eir  protection,  by  virtue  of  their  patent,  without 
being  obliged  to  wait  for  any  further  order  of  the 
King,  since  such  was  their  understanding. 

"Mfthli/  and  lantly.  'Tisevidentand  clear  from  their 
repeated  declaration,  that  were  Westchester  and  the 
five  English  towns  on  Long  Island,'  surrendered  by 
us  to  the  Colony  of  Hartford,  and  what  we  have  justly 
possessed  and  settled  on  Long  Island  left  to  us,  it 
would  not  satisfy  them,  because  it  would  not  be  pos- 
sible to  bring  them  sufficiently  to  any  further  arrange- 
ment with  us  by  commissioners  to  be  chosen  on  both 
sides  by  the  mediation  of  a  third  party;  and  as  in 
case  of  disagreement,  they  assert  in  addition,  that 
they  may  possess  and  occupy,  in  virtue  of  their  un- 
limited patent,*  the  lands  lying  vacant  and  unsettled 
on  both  sides  of  the  North  River  and  ci>iewhere,  which 
would  certainly  always  cause  and  create  new  preten- 
sions and  disputes,  even  though  the  Boundary  were 
provisionally  settled  here."  He  further  says,  that  if  a 
settlement  of  all  disputes  cannot  be  obtained  and  ef- 
fected through  their  High  Mightintsses  with  "Ambas- 
sador Douwning,"°and  by  them  both,  and  their  High 
Mightintsses  Resident  in  England,  with  his  Majesty, 
"by  next  spring,  one  of  two  things  is  certainly  and 
assuredly  to  be  apprehended ; — bloodshed,  and  with 
bloodshed,  which  they  seem  only  to  wish,  loss  of  all 
we  possess,  if  proper,  active,  opposition  be  not  offered 
to  the  English  or  their  daily  encroachments  and  in- 
trusions; reducing  under  their  obedience  now  this, 
and  then  that,  place,  and  occupying  suitable  spots, 
here  and  there,  up  the  North  river,  and  elsewhere, 
abundance  of  which  are  yet  unpeopled  and  unset- 
tled." • 

But  the  clear-headed  and  patriotic  Director-General 
was  greatly  mistaken  in  "  Ambassador  Douwning,"  or 
rather  in  his  expectation  that  that  envoy  would  aid  in 
bringing  matters  to  a  settlement.  Sir  George  Down- 
ing was  as  inimical  to  the  Dutch  nation  as  Governor 
Winthrop  or  any  other  Connecticut  Englishman.  He 
had  been  long  iu  Holland  under  Cromwell  and  dis- 


■GmvpKiKl,  H<'iii|iii(«icl,  riiuliiDg,  Newtown  and  Jamaica. 

*  Itfl  clafiii  WHH  wefltwnrd  to  ilio  sea, 

'Sir  Klclianl  Duwuing,  tlie  EngllsU  enToy  Iu  Holland  at  that  tlma. 

•II.  Col.  Hiit. 


THE  ORIGIN  AND  HISTORY  OF  THE  MANORS. 


75 


liked  iind  feared  the  Dutch.  When  it  was  evident 
that  Charles  the  2d  would  be  restored,  he  hastened  to 
make  his  peace  with  him,  and  the  Duke  of  York, 
before  they  left  the  Netherlands.  Sharp,  unprincipled, 
and  determined  to  break  down  Dutch  power,  and  Dutch 
commercial  supremacy,  if  he  could,  lie  was  the  last  man 
to  give  any  assistance  to  effect  such  a  solution  of  the 
Dutch  and  English  difficulties  as  Stuyvesant  desired. 
The  Duke  of  York,  though  he  should  not  have  pos- 
sessed such  feelings  towards  the  people  who  had  be- 
friended his  brother  and  himself  in  their  exile,  also  was 
personally  unfriendly  to  the  Dutch  Nation.  Certain 
libels  against  him  though  punished  by  the  Dutch 
courts,  had  not  been  punished  as  thoroughly,  or  as 
soon,  as  he  wished.  The  Dutch  West  India  Company 
in  trading  under  their  charter  to  the  Guinea  coa8t,in- 
torfered  with  the  business  of  the  Eoyfll  African  Com- 
pany of  which  he  was  the  Governor,  lie  complained 
of  the  Dutch  on  this  account  before  the  English  Parlia- 
ment, and,  of  his  own  authority  as  Lord  High  Admiral, 
sent  a  fleet  to  harass  them  on  the  coast  of  Africa.  There- 
fore it  was  as  a  matter  of  revenge,  as  well  as  hoped  for 
profit,  thathe  obtained  from  Charles  the  2d  on  the  12th 
of  March,  16C4,  O.  S.,'  only  a  year  and  eleven  months 
after  the  date  of  the  Connecticut  Colony's  Patent,  a  gift 
by  patent  of  the  whole  of  New  Netherland,  based  on 
the  sailing  along  its  coast  by  the  Cabots,  in  the  reign 
of  Henry  VII.,  without  proof  of  their  having  seen  it, 
and  though  no  actual  jiossession  of  it  was  ever  taken 
by  them  or  anybody  else,  prior  to  the  discovery,  and 
actual  settlement,  by  the  Dutch,  a  hundred  years  and 
a  little  more  afterwards.  There  was  actual  peace  be- 
tween the  Dutch  and  English  nations  at  the  date  of 
the  patent,  and  at  the  time  of  the  seizure  by  the  latter, 
though  war  broke  out  soon  afterward  ;  a  fact  which 
deepened  the  flagrancy  of  one  of  the  moststriking  in- 
stances of  the  rapacity  and  wickedness  of  a  strong 
people  dealing  with  a  weaker  one,  in  all  history. 

Borrowing  four  vessels  of  the  English  navy,  of 
which  he  was  Lord  High  Admiral,  the  Duke  of  York 
sent  an  expedition  under  tlie  command  of  Colonel 
llichard  Nicolls,  with  Sir  Robert  Carr,  George  Cart- 
wright  and  Samuel  Mavericke  as  co-coininissioners 
with  Mathias  Nicolls,  subsequently  Secretary  for 
New  York,  and  a  few  other  English  officers,  in  com- 
mand of  about  450  men,  to  visit  the  Plantations 
in  New  England,  and  to  "reduce"  the  Dutch  Province 
of  New  Netherland  "  to  an  entire  obedience  to  our 
government"  as  their  instructions  from  the  King 
expressed  it.'  These  instructions,  and  the  special 
communications  from  Charles  2d  to  Massachusetts 
and  Connecticut  in  relation  to  the  commission  and 
its  powers  were  dated  the  23d  of  April,  1664,  n» 
well  as  his  "Private  Instructions"  which  were  only 
to  be    considered    by  the    commissioners    between 


<  The  orlglnitl,  a  beftutlfiil  MS.  !■  In  th«  Sate  Library  at  AlUo;,  It  la 
prliite.1  ill  !I.  Col.  Hist.  2US  ;  Urixl.  II,  051. 
9  III.  Cul.  UUt.,  62. 


themselves.'  The  Royal  Commission  to  Nicolls  and 
the  others,  was  dated  two  days  later,  on  the  25th 
of  April,  1664.  The  latter,  strange  to  say,  does 
not  mention,  or  even  refer  to.  New  Netherland.* 
Why  this  remarkable  omission  was  made  is  not 
now  known,  but  such  is  the  fact.  On  the  second 
of  April,  1664,  three  weeks  previously,  the  Duke 
of  York  had  given  Colonel  Richard  Nicolls  a  com- 
mission from  himself  as  his  Deputy  Governor.  This 
document  after  reciting  the  King's  Patent  to  him- 
self, and  a  brief  description  of  the  boundaries  therein 
set  forth,  continues: — "And  whereas  I  have  con- 
ceived a  good  opinion  of  the  integrity,  prudence, 
ability,  and  fitness  of  Richard  Nicolls,  Enquire, 
to  be  employed  as  my  Deputy  there,  I  have  thought 
fit  to  constitute  and  appoint,  and  I  do  hereby  con- 
stitute and  appoint  him  the  said  liichard  Nicolls, 
Esijuire,  to  be  my  Deputy  Governor  within  the  lands. 
Islands,  and  places  afort'said,  To  perform  and  execute 
all  and  every  the  powers  which  are  by  the  said  Let- 
ters Patent  granted  unto  me  to  be  executed  by  my 
Deputy  Agent  or  Assign.  To  Have  and  to  Holi> 
the  said  place  of  Deputy-Governor  unto  the  said 
Richard  Nicolln  Esquire,  during  my  will  and  pleasure 
only ;  Hereby  willing,  and  rcfiuiring,  all  and  every  the 
Inhabitants  of  the  said  Lands,  Islands,  and  places,  to 
give  obedience  to  him  the  said  Richard  Nicolls,  in 
all  things  according  to  the  tenor  of  his  Majesty's  said 
Letters  Pattent."* 

Under  the  King's  Patent  of  the  12th  March,  1664, 
and  these  Instructions  and  commissions  from  Charleit 
2d,  and  the  Duke  of  York,  the  forcible  seizure  and 
annexation  of  the  Province  of  New  Netherland  to 
the  English  Kingdom  was  effected. 

The  expedition,  consisting  of  thoGuinea  of  36guns, 
Capt.  Hugh  Hyde,  the  Kllias  of  30  guns,  Capt.  William 
Hill,  the  Martin  of  16  guns,  Cai)t.  Edward  Grove, and 
the  William  and  Nicholas,  Ca|)t.  Morley,  of  10  guns, 
carrying  the  commissioners  and  a  body  of  troops, 
abinit  450  in  number,  sailed  from  Portsmouth  on  the 
15th  of  May,  1664.  Niiolls  the  commander-in-chief 
and  Cartwright  embiirked  in  the  Guinea,  and  Carr 
and  Mavericke  in  the  Martin.  Their  orders  were  to 
rendezvous  in  Gardiner's  Bay,  at  the  east  end  of  Long 
Island.  The  voyage  was  long,  the  vessels  got  sepa- 
rated, and  the  Martin,  and  Nicholas  and  William, 
were  obliged  to  run  into  Piscataway  (Portsmouth) 
New  Hampshire  on  the  20th  of  July,  1664,  whence 
Mavericke  the  same  day  wrote  the  following  brief  ac- 
count of  the  voyage  to  Capt.  Breedon  of  Boston  ; — 
"  It  hath  pleased  God  (after  a  tedious  voyage  of  nenre 
ten  weeks  time)  That  two  of  our  ships  arrived  here 
this  afternoon  at  Pascataway  where  wee  hourly  ex- 
pect our  other  two;  the  Guiney  comanded  by  Capt. 
Hyde  wee  loat  s'ght  of  this  day  se'  night,  and  Capt. 


«  Itild.,  61-03.  4  Ibid.,  04. 

>  Ikiuli  uf  I'HloiitH,  Allmiiy,  II.  110-118)11.  Ili-uil.,  l.')3 ;  Leaniiug  nnd 
8t>lcui''i  Jena)  Lun's,  mil. 


76 


HISTORY  OF  WESTCHESTER  COUNTY. 


«  ♦  •»  * 


our 


Hill  with  the  Elyaa  on  Sunday  last. 
stay  here  being  only  for  a  little  water  and  our  other 
shipps,  which  if  they  come  not  in  time,  we  must  go 
to  our  appointed  port  in  Long  Island."  Three  days 
later,  on  the  23d  of  July,  the  Guineaand  Elias  arrived 
at  Boston.  Nicolls  wrote  at  once  to  Thomas  Willet  at 
riymouth,  and  Gov.  Winthrop  at  Hartford,  and  ap- 
plied for  assistance.  On  the  29th  of  July  the  vessels 
from  "Pascataway"  arrived  at  Boston.  Further 
letters  from  Nicolls  were  sent  to  Winthrop  asking  for 
aid,  and  to  Thomas  Willets  at  Plymouth,  and  direct- 
ing them  to  meet  the  expedition  at  the  west,  instead 
of  the  east,  end  of  Long  Island.  A  few  days  later  the 
ships  sailed,  and  juloted  by  New  Englanders,  came 
direct  to  New  Utrecht,  or  Nayack,  Bay,  now  called 
Gravesend  Bay,  between  the  west  end  of  Coney  Island 
and  the  main,  the  Guinea  arrivingon  the  25th  of  August, 
and  the  other  three  vessels  three  days  later,  on  the  28th, 

Winthrop  with  other  Connecticut  othcials,  and 
armed  men,  from  that  colony  and  the  east  end  of 
Long  Island,  met  them  there,  as  well  as  Thomas 
Clarke  and  John  Pynchon,  of  Boston,  with  offers  of 
military  aid  from  Massachusetts.  On  the  8th  of  the 
preceding  July  Thomas  Willett  had  heard,  from  a 
young  man  of  the  name  of  Lord,  a  rumor  from  Boston, 
that  an  expedition  had  sailed  from  England  to  attack 
New  Netherland,  and  iramadiately  informed  Governor 
Stuyvesant,  but  subsequently,  for  some  reason,  alleged 
that  the  troops  had  disembarked,  that  Commissioners 
to  settle  the  boundaries  were  appoiuted,  and  that 
there  was  no  danger.  This  put  an  end  to  Stuyvesant's 
anxiety,  and  he  went  to  Albany  to  settle  a  quarrel 
among  the  Indiana  in  that  neighborhood.  He  was 
also  lulled  into  security  by  the  receipt  of  a  despatch 
from  the  Directors  at  Amsterdam  that  no  danger  from 
England  need  be  entertained  as  the  King  only  wanted 
to  reduce  his  own  colonies  to  uniformity  in  church 
and  State.'  The  truth  was,  that  the  Directors  of  the 
Company,  intently  engaged  in  the  public  affairs  of 
Holland  (it  was  the  period  of  John  de  Witt's  ascen- 
dancy and  the  efforts  of  the  Prince  of  Orange's  party 
to  destroy  it)  really  neglected  New  Netherland,  and 
their  own  interests  there,  giving  both  such  slight  at- 
tention, as  not  only  disappointed  itspen])le,  and  their 
own  officials,  but  facilitated,  the  trea(  ous  action  of 
the  English  King,  and  inclined  its  inh.  nts  to  yield 
with  less  resistance  ai  1  feeling  to  his  military  power, 
than  they  otherwise  \\>>uld. 

Of  course  no  real  resistance,'''  greatly  as  he  desired 
to  make  it,  could  be  offered,  by  Director-General 
Stuyvesant,  and  his  people;  and  after  several  days 
negotiations.  Articles  of  Capitulation  were  definitely 
settled  by  a  commission,  composed  of  John  De  Decker, 
Nicholas  Varleth,  Samuel  Megapolensis,  Cornells 
Steenwyck,  Jacques    Cousseau,    and    Oloff  Stevens 

1 II.  OCaU.,  617. 

n  Tlie  (letailH  of  Stuy  vomnt's  action  at  this  cri«iB  are  too  nnmoniiiH  to  be 
ftiv»n  in  an  easiy  of  tills  kind,  anil  are  so  Konirully  kuuwu,  at  U'aat  in 
tliulr  uiillliK's,  a»  Mot  to  neud  fnitlioi  mention. 


van  Cortlandt,  on  the  part  of  Director  Stuyvesant, 
and  Robert  Carr,  George  Carteret,  John  Win- 
throp, Samuel  Willys,  John  Pynchon,  {the  latter 
three  of  Connecticut),  and  Thomas  Clarke  (o/  Ma»- 
aachusetls)  on  the  part  of  Governor  Nicolls,  and  con- 
sented to  by  both.  The  negotiations  took  place,  and 
the  terms  were  finally  agreed  upon,  on  Saturdaj, 
September  6th,  1664,  at  Gov.  Stuyvesant's  house  'n 
the  Bowery.  This  house,  as  I  have  been  told  by  the 
Hon.  Hamilton  Fish,  now  the  oldest  living  descend- 
ant of  Stuyvesant,  stood  on  what  is  now  the  block 
between  12th  and  13th  Streets  facing  the  Third 
Avenue,  as  that  part  of  the  Bowery  road  is  now  called, 
and  on  the  east  side  of  that  avenue.  The  old  Stuy- 
vesant pear  tree  which  stood  till  within  a  few  years 
at  the  north  east  corner  of  13th  St.  and  Third 
Avenue  was  one  the  Governor  planted  in  his 
garden.  Nicolls  ratified  the  articles  the  same 
day.  The  next  day  was  Sunday,  during  which  the 
Director-General  and  his  Council  considered  them, 
and  early  on  the  morning  of  the  succeeding  day,  Mon- 
day, September  8th,  1664,  ratified  them.  About  eleven 
o'clock  of  the  same  morning  Stuyvesant  marched  out  of 
the  fort  with  the  honors  of  war,  at  the  head  of  the  Dutch 
regulars,  about  150  in  number,  and  through  Beaver 
street  to  the  ship  "Gideon,"  in  which  they  were  at 
once  embarked  for  Holland,  though  she  did  not  sail 
till  some  days  later.  A  corporal's  guard  of  the  Eng- 
lish took  possession  of  the  fort  as  the  Dutch  marched 
out.  "  Col.  Nicolls's  and  Sir  Robert  Carr's  compan- 
ies one  hundred  and  sixty-eight  strong,  foruied  into 
six  columns  of  about  thirty  men  each,  next  entered 
New  Amsterdam ;  whilst  Sir  George  Cartwright  oc- 
cupied with  his  men  the  city  gates  and  Town  Hall." 
The  volunteers  from  Connecticut  and  Long  Island, 
were  detained  at  the  ferry  at  "  Brenkelen,"  "  as  the 
citizens  dreaded  most  being  plundered  by  them." 
Finally  the  Burgomasters  having  proclaimed  Nicolls 
Governor,  he  called  Fort  Amsterdam  "  Fort  James," 
and  the  name  of  the  city  and  Province  he  changed 
to  "  New  York."  '  Thus  ended  the  Dutch  dominion 
in  America,  and  thus  forever  passed  away  the  great 
Batavian  Province  of  New  Netherland  from  the  Re- 
public of  the  United  Netherlands.         * 

The  Articles  of  Capitulation  were  twenty-three  in 
number,  and  never  were  more  favorable  terms  granted 
by  a  superior  power.  Great  prudence  on  one  side 
was  met  by  great  liberality  on  the  other,  and  Nicolls 
proved  that  he  was  all  that  his  commission  as  Dep- 
uty-Governor described  him,  honest,  prudent,  able, 
and  fit.  It  would  be  foreign  to  our  purpose  to  discuss 
these  Articles  of  Capitulation,  or  as  usually  teruied 
"Surrender,"  at  length.*  Those  only  which  bear 
upon  our  subject  will  be  mentioned,  viz — the  third, 
eighth,  eleventh,  twelfth,  sixteenth,  and  twenty-first. 
They  are  as  follows : — 

"II.  O'Call.,  530. 

'Tlieyarelolwfunnil  In  II.  Col.,  HItt.,  ZSO;!.  Brod.,  762,  and  In  many 

otbur  Itiijtui'ii'al  woiko. 


THE  ORIGIN  AND  HISTORY  OF  THE  MANORS. 


77 


"  III.  All  people  shall  still  continue  free  denizens, 
and  shall  enjoy  their  lands,  houses,  goods,  wheresoever 
they  are  within  this  country,  and  dispose  of  them  as 
they  please. 

"  VIII.  The  Dutch  here  shall  enjoy  the  liberty  of 
their  consciences  in  divine  worship  and  church  dis- 
cipline. 

"  XI.  The  Dutch  here  shall  enjoy  their  own  customs 
concerning  their  inheritances. 

"  XII.  All  publique  writings  and  records,  which 
concern  the  inheritances  of  any  people,  or  the  regle- 
ment  [regulaHon]  of  the  church,  or  poor,  or  orphans 
shall  be  carefully  kept  by  those  in  whose  hands  now 
they  are,  and  such  writings  as  particularly  concern 
the  States-General  may  at  any  time  be  sent  to  them. 

"XVI.  All  inferior  civil  officers  and  magistrates 
shall  continue  as  now  they  are  (if  they  please)  till  the 
customary  time  of  new  elections,  and  then  new  ones 
to  be  chosen  by  themselves,  provided  that  such  new 
chosen  magistrates  shall  take  the  oath  of  allegiance 
to  his  majesty  of  England  before  they  enter  upon 
their  office. 

"XXI.  That  the  town  of  Manhattans  shall  choose 
Deputyes,  and  those  Deputyes  shall  have  free  voyces 
in  all  publique  affaires  as  much  as  any  other  Depu- 
tyes." 

Hy  the  third,  eighth,  eleventh,  and  twelfth,  all 
Dutch  grants  of  land  under  the  former  laws  and  or- 
dinances, of  the  Province,  and  under  the  Rtmian- 
Dutch  law,  were  acknowledged  as  valid,  and  the 
possession  of  them  confirmed  to  their  owners,  as  well 
as  their  former  power  of  disposing  of  them  by  will,  and 
all  legal  incidents  thereto  appertaining.  This  settled 
the  question  of  the  holding  of  the  lands  by  theirowners, 
at  once,  and  proved  that  there  would  be  no  confiscation, 
or  other  interference  with  them,  and  no  imposing  of 
any  English  law  of  inheritance. 

The  sixteenth  article  confirmed  and  continued  in 
their  offices  all  the  civil  magistrates  and  officers  of 
every  grade  in  the  country,  from  the  highest  to  the 
lowest,  and  provided  for  the  election  of  their  success- 
ors, under  the  existing  Dutch  laws,  conditioned  only 
that  the  new  officers,  should  take  the  oath  of  alle- 
giance to  their  new  English  King.  No  such  oath  was 
wisely  demanded  of  the  old  ones,  and  the  administra- 
tion of  justice,  not  only  in  regard  vO  lands,  but  in  all 
its  forms,  went  on  precisely  as  if  no  change  of  govern- 
ment had  taken  place. 

The  twenty-first  article  confirmed  to  the  City  of 
New  York,  all  the  civil  rights  and  powers  it  had  un- 
der its  former  organization,  and  under  the  Assem- 
blies which  had  been  called,  and  in  which  it  had  been 
represented,  during  Stuyvesant's  administration.  Its 
lands  were  preserved  to  it,  and  all  rights  in  rela- 
tion thereto,  by  the  same  articles,  which  preserved 
the  other  lands  of  the  province  to  their  respective 
owners,  as  well  as  all  the  municipal  rights,  powers, 
and  privileges  the  city  possessed  under  the  Dutch 
rule. 


The  Eighth  article,  in  connexion  with  the  twelfth, 
preserved,  maintained,  and  continued,  to  the  Estab- 
lished Dutch  Church  all  its  rights,  privileges,  and  im- 
munities of  creed  and  worship,  and  guaranteed  to  it 
freedom  of  conscience  and  church  discipline,  as  well 
as  the  continuance  of  its  regulations,  as  to  its  own 
concerns,  and  to  the  poor  and  to  orphans,  in  the  same 
hands,  and  under  the  same  control,  that  they  had  ever 
been.  Rut  these  articles  did  not  continue  it  as  the 
Established  Church  of  the  Province,  or  provide  for  its 
maintenance  and  control  as  such,  by  the  government, 
or  rather,  through  the  government,  as  had  been  the 
case  under  the  West  India  Company,  and  all  the 
Charters  of  Freedoms  and  exemptions  from  the  first 
to  the  last.  They  did  however  continue  and  guaran- 
tee to  it  everything  else.  Its  binds  and  all  its  rights 
of  property  were  guaranteed  and  continued  to  it  by  the 
same  third,  eighth,  eleventh  and  twelfth  articles, 
which  guaranteed  and  maintained  all  the  other  land- 
holders of  the  Province  in  their  rights  of  possession 
and  property  in  their  realty.  In  short  the  Dutch 
Church  was  acknowledged  in  its  existence,  confirmed 
in  its  creed,  discipline,  and  worship,  maintained  in 
the  possession  of  its  property,  and  guaranteed  in  its 
rights  in  every  respect  and  in  every  way.  Nothing 
was  altered,  nothing  abrogated,  except  its  position  as 
the  Established  Church  of  New  Netherland.  That 
was  determined  by  the  fall  of  the  Dutch  Province. 
Hoth  were  ended  by  the  surrender  to  England.  The 
new  Province  of  New  York  had  during  its  whole  ex- 
istence no  connexion  officially,  with  the  Dutch 
Church,  or  any  other  church,  except  "the  Church  of 
England  as  by  law  established." 

When  the  Province  was  recaptured  by  the  Dutch 
on  the  8th  of  August  1673  the  Dutch  Church  was  re- 
established in  all  her  rights,  privileges,  and  powers, 
as  she  originally  possessed  them.  And  when  the  sec- 
ond surrender  to  the  English  was  made  pursuant  to 
the  treaty  of  Westminster  in  September  1674,  all  were 
guaranteed  to  her  again  precisely  as  in  1664,  except, 
of  course,  her  position  as  an  establishment;  and  she 
was  also  permitted  to  keep  uj)  her  ecclesiastical  con- 
nexion with,  and  subjection  to,  the  ecclesiastical 
bodies  of  the  Established  Church  of  Holland,  a  con- 
nexion and  dependence  which  continued  unimpaired 
until  the  close  of  the  American  Revolution  more  than 
a  century  later.  The  position  of  the  Dutch  Church 
as  an  Established  Church,  was  the  reason  why  it  was 
so  particularly  guarded,  and  provided  for,  in  the 
Articles  of  Capitulation  of  1664,  and  again  in  the 
special  articles  of  surrender  formulated  by  Governor 
Colve,  and  carric<l  into  effect  by  the  English  Governor 
Andross,  in  1674,  no  other  church  being  mentioned  or 
referred  to  in  either.  And  to  this  circumstance  is 
owing  the  fact,  that  it  was  in  consequence  of  these 
provisions  in  both  sets  of  articles,  that  during  the  en- 
tire existence  of  New  York  as  an  English  Province, 
the  Dutch  Church  was  ever  treated  with  greater  favor 
than  any  other  church  dissenting  from  the  Church  of 


78 


HISTORY  OF  WESTCHESTER   COUNTY. 


England;  and  that  between  these  two  churches  a  cor- 
dial relation  ever  existed,  and  one  which  has  been 
maintained  down  to  thin  day,  wlien  botli  churches  are 
ilourinhing,  each  with  a  name  aliglitly  changed,  under 
a  new  political  dominion,  to  a  degree  which  was  im- 
possible under  either  of  the  dominions  of  old. 

The  change  from  the  Dutch  system  of  government 
and  laws  to  that  of  the  English,  was  very  gradual  in- 
deed. It  was  no  part  of  the  policy  of  the  Duke  of 
York  to  make  changes  other  than  what  might  be  ab- 
solutely necessary.  All  that  he  insisted  upon,  at  first, 
was,  that  he  should  be  acknowledged  as  Lord  Propri- 
etor of  the  Province  under  the  Patent  from  his  brother 
King  Charles  the  2d,  of  1G52.  The  prudence,  skill  and 
wisdom  of  Richard  Nicolls,  hia  Deputy  Governor,  after 
much  objection  and  opposition,  which  he  completely 
and  gently  overcame,  effected  this;  and  between  the 
20th  and  2.')th  of  October,  1664,  hardly  five  weeks  after 
the  surrender,  all  the  former  Dutch  officials,  and  nearly 
three  hundred  of  the  male  inhabitants  of  New  York, 
including  Stuyvesant,  van  Cortlandt,  van  Ruyven, 
van  Rensselaer  and  Beekman,  took  the  oath  of  alle- 
giance to  Charles  the  2d  and  the  Duke  of  York,  as  the 
lawful  Sovereign,  and  the  lawful  Lord  Proprietor  of 
New  York. 

8. 

The  English  System  in  the  Province  of  New  York  under 
the  Duke  of  York  as  Lord  Proprietor. 

From  the  eighth  day  of  September,  1664,  when  the 
Surrender  of  New  Netherland  to  the  English  took 
place,  the  right  of  soil,  the  right  of  domain,  the  right 
of  jurisdiction,  and  the  source  of  j)ower,  in  the  Prov- 
ince of  New  York,  was  vested,  and  acknowledged  to 
be  vested,  in  the  Duke  of  York  under  the  Patent  to 
him  from  King  Charles  the  Second  of  the  12th  of 
March,  1664.  In  this  Patent,  perhaps  the  strongest, 
most  sweeping,  and  most  comprehensive  in  its  terms, 
of  any  granted  in  America  by  an  English  Monarch, 
the  King  gave  to  the  Duke  the  entire  territory  of  New 
Netherland  therein  described,  (though  of  course  that 
name  was  not  used)  upon  this  tenure,  namely; — "To 
be  holden  of  us  our  Heirs  and  Successors,  as  of  our 
Manor  of  East  Greenwich  and  our  County  of  Kent, 
in  free  and  common  soccage  and  not  in  Capite,  nor  by 
Knight  Service,  yielding  and  rendering  *  *  *  *  of  and 
for  the  same,  yearly  and  every  year,  forty  beaver 
skins  when  they  shall  bo  demanded,  or  within  Ninety 
days  after." 

The  Patent  was  drawn  by  Lord  Chancellor  Claren- 
don, the  Duke's  father-in-law,  and  practically  vested 
in  him  all  the  jiowers  of  an  absolute  Sovereign,  sub- 
ject only  in  the  execution  of  them  to  the  laws  of  Eng- 
land. But  in  all  matters  not  covered  by  those  laws, 
his  own  rule  in  person,  or  by  his  Deputy-Governor, 
was  supreme.  The  only  power  that  was  reserved  to 
the  King  was  the  hearing  and  determining  of  Appeals 
from  Judgments  and  Sentences. 

The  theory  of  the  Patent  was,  that  the  King  had 


resumed  control  of  a  territory  originally  belonging  to 
the  Crown  by  the  right  of  its  discovery  by  theCabots. 
That  all  people  therein,  Indians  excepted,  were  tres- 
passers without  legal  right,  that  the  territory  was 
without  lawful  government,  that  theSovereign  of  Great 
Britain,  of  his  own  right,  therefore  established  there- 
in such  government  as  he  saw  fit.  That  he  chose  to 
give,  and  did  give,  in  the  exercise  of  such  right,  the 
entire  territory,  and  his  own  powers  and  rights  there- 
in, and  thereover,  to  his  brother  the  Duke  of  York, 
wi^h  full  authority  to  establish,  and  carry  them  into 
effect,  as  he  should  see  fit.  The  only  proviso,  as  to 
all  "Laws,  Orders,  Ordinances,  Directions  and  Instru- 
ments "  that  the  Duke  or  his  Deputy  might  make  or 
execute,  was,  that  they  should  "  be  not  contrary  to, 
but,  as  near  as  conveniently  may  be,  agreeable  to  the 
Laws,  Statutes  and  Government  of  this  our  Realm  of 
England."  > 

The  principle  the  English  acted  on,  was,  that  as 
regards  the  territory  of  New  Netherland,  the  right  of 
conquest  governed,  and  the  King  could  institute  therein 
such  form  of  government,  system  of  laws  and  other  in- 
stitutions, as  he  pleased.  This  view  was  not  at  all  satis- 
factory to  the  owners  and  holders  of  land  under  Con- 
necticut titles  in  Suffolk  County,  Long  Island,  who 
were  the  very  earliest  to  obtain  new  grants  and  patents 
from  the  Duke  of  York.  The  towns  there  took  out 
patents  from  the  Duke,  with  extreme  reluctance,  but 
they  did  it,  nevertheless.  Among  these  patents  were 
that  of  Smithtown  to  Richard  Smith  of  the  8d  of 
March,  1665,  that  for  Gardiner's  Island  in  the  same 
year,  and  that  for  Shelter  Island  to  the  Sylvesters  of 
June  Ist,  1666. 

The  principle  just  mentioned  was  essentially  modi- 
fied in  its  application  by  two  things.  It  was  limited 
by  the  terms  of  the  Articles  of  Surrender,  which  bound 
the  conqueror  as  well  as  the  conquered.  And  it  was 
also  limited  by  that  rule  of  the  law  of  nations,  which 
provides  that  the  ancient  laws  of  a  conquered  people 
remain  in  force  till  changed  by  the  conqueror. 

Under  these  instruments  and  principles  the  rule 
of  England,  and  the  Lord  Proprietorship  of  the  Duke 
of  York  had  its  beginning  in  the  "Province  of  New 
York  in  America."  That  Proprietorship  lasted  twen- 
ty-one years,  (excepting  only  the  fifteen  months  of 
the  Dutch  reconquest),  ending  on  the  6th  of  February, 
168.5,  on  which  day,  by  the  death  of  his  brother. 
King  Charles,  the  Duke  became  James  the  Second, 
King  of  England.  His  Proprietary  rights  merging 
in  those  of  the  Crown  on  his  accession  to  the  throne, 
New  York  became  thenceforward  a  Royal  Province 
under  a  Royal  Government,  uncontrolled  by  any 
charter.  From  that  time  till  the  close  of  the  Amer- 
ican Revolution  by  the  Peace  of  1 783,  she  so  remained, 
the  freest  and  most  flourishing  of  all  the  British 
American  Provinces,  ruled  by  her  own  people,  enact- 
ing her  own  laws,  supporting  her  own  government 

>  See  Patent. 


THE  ORIGLV  AND  HISTORY  OF  THE  MANORS. 


79 


and  local  institutions  by  taxation  imposed  by  her 
own  elected  Legislature,  audby  lierown  parish,  town, 
and  county  authorities. 

The  slight  interruption,  by  the  Dutch  reconquest 
from  the  9th  of  August,  1G73,  to  the  10th  of  Novem- 
ber, 1074,  did  not,  except  for  the  time  being,  change 
the  character  of  the  Proprietorship  of  the  Duke  of 
York  in  point  of  fact.  But  m  the  Province  was  re- 
stored by  the  Dutch  to  England  ua  u  cnn(|Ue8t  under 
a  treaty  and  a  formal  surrender  of  it  pursuant  to  such 
treaty,  the  crown  lawyers  in  England  held  that  the 
Dutch  reconqueat  in  1673  terminated  the  Duke's 
Proprietorship;  and  that  the  renamed  Province  of 
New  Netherland  was  vested  anew  in  Charles  the 
Second  as  King  solely  by  the  treaty  of  Westminster 
in  1C74.  Therefore  a  new  Patent  was  granted  by  tli« 
King  to  the  Duke  on  the  29th  of  June,  1C74.  It  was 
almost  in  the  same  words  as  the  first,  vesting  him 
again  with  the  same  sweeping  and  absolute  rights 
and  powei-s,  but  not  mentioning  the  first  Patent  nor 
referring  to  it  in  any  way.  The  object  of  this  second 
Patent  was  to  cure  the  defect  in  the  first,  that  it  was 
signed,  sealed,  and  delivered,  while  the  Dutch  were 
ill  actual  possession  of  the  territory  it  descrilH-'d,  and 
therefore  it  was,  by  the  law  of  England,  void;  and 
was  not  subsequently  confirmed  by  Charles  the  Sec- 
ond after  the  title  was  really  vested  in  him  in  1677, 
by  the  treaty  of  Breda.  Had  Charles  made  such  a 
confirmation,  no  second  Patent  would  have  been  re- 
quired. 

The  new  Patent  of  1674,  on  its  face  was  an  original 
grant,  but  in  fact  it  simjily  revested  the  Duke  with 
all  the  rights,  powers,  jurisdiction  and  territory  he 
jiussessed  under  the  Patent  of  1()G4. 

These  facts  are  distinctly  stated,  because  the  valid- 
ity of  the  confirmations  of  all  Dutch  groundbriefs, 
transports,  and  other  grants,  and  all  subsequent  Eng- 
lish grants  during  the  Proprietorship  of  tlie  Duke  of 
York,  and  the  later  Royal  Government,  as  well  as 
those  originally  made  by  Connecticut  authorities  on 
Long  Island,  and  subsequently  confirmed  by  the 
Duke,  rests  upon  them. 

The  tenure  by  which  the  Duke  of  York  held  his 
Province  in  New  York  was  allodial  in  its  nature. 

In  this  respect  it  was  the  same  as  that  under  which, 
as  has  previously  been  shown,  the  Dutch  West  In- 
dia Company  held  New  Netherland  under  their 
charter,  and  the  Potroons  held  their  Patroonships 
under  the  difl'erent  ''  Freedoms  and  Exemptions." 
But  it  was  not  to  follow  a  good  Dutch  example,  that 
this  tenure  was  granted  by  the  King  and  accepted  by  the 
Duke,  but  because  the  law  of  England  had  then  been 
recently  changed,  and  neither  King  nor  Duke  could 
do  otherwise,  even  if  they  wished,  of  which  there  is 
no  evidence.  Four  years  before  New  York  wa.s  given 
by  the  King  to  the  Duke,  and  its  surrender  by  the 
Dutch,  the  Parliament  of  England  had  passed  that 
Great  Act,  second  only  to  Magna  Charta  itself, — if  it 
was  second, — in  its  eflect  on    English  liberty,  and 


the  rights  of  English  subjects,  the  act  abolishing 
feudal  tenures,  and  all  their  oppressive  iucidenta  for- 
ever throughout  the  realm. 

This  was  the  famous  "  12  Charles  II,  cap.  24," 
and  its  title  is,  "  An  Act  taking  itway  the  Court  of 
Wards  and  Liveries,  and  Tenures  in  Capite,  and  by 
Knight  Service,  and  Purveyance,  and  for  settling  a 
Revenue  upon  his  Majesty  in  lieu  thereof."  It  swept 
away,  at  one  blow,  all  the  grievous  feudal  military 
tenures,  their  great  exactions,  and  the  means  possessed 
by  the  monarch  for  enforcing  them,  as  well  as  all 
charges  payable  to  the  King,  or  any  lord  paramount 
under  him,  arising  therefrom;  and  prohibited  their 
creation  afterward,  forever.  Alter  the  clauses  of  aboli- 
tion, the  act  continues, — "And  all  tenures  of  any 
honours,  manors,  lands,  tenements,  or  hereditaments, 
of  any  estate  of  inheritance  at  the  common  law, 
held  either  of  the  King,  or  of  any  other  person,  or 
persons,  bodies  politic  or  corporate,  are  hereby  enact- 
ed to  bi',  turned  into  free  and  common  socage,  .  .  . 
any  law,  custom,  or  usage  to  the  contrary  hereof  in 
any  way  notwithstanding."'  The  fourth  section  pro- 
vided. "  That  all  tenures  hereafter  to  be  created  by 
the  King's  Majesty,  his  heirs  or  successors,  upon  any 
gifts  or  grants  of  any  manors,  lands,  tenements,  or 
hereditaments,  of  any  estate  of  inheritance  at  the 
common  law,  shall  be  in  free  and  common  socage 
only,  .  .  .  and  not  by  Knight  Service  or  in 
Capite." 

As  this  abolition  deprived  the  King  of  large  reve- 
nues, and  the  means  of  supporting  his  military,  and 
other  governmental  expenses,  the  act  granted  to  him 
as  a  recompense  duties  upon  beer,  ale,  and  other 
articles  in  common  use.' 

It  is  thus  seen  not  only  that  there  were  no  feudal 
rights  nor  privileges  granted  in  New  York  to  the 
Duke  of  York  by  his  Patents,  but  that  the  King  had 
no  power  whatever  to  grant  any  to  him,  or  to  anybody 
else.  And  none  ever  were  granted  by  any  British 
Sovereign,  or  British  Governor,  in  that  Province.  The 
rights  and  privileges  contained  in  the  subsequent 
Manor  grants  in  New  York,  were  simply  those  ap- 
pertaining to,  and  consistent  with,  the  free  socage 
tenure  on  which  they  were  granted,  and  under  which 
they  were  held. 

This  allodial  tenure  of  land,  though  it  has  been  for- 
merly referred  to  under  the  Ronuui  Dutch  legal  system 
of  New  Netherland,  may  now  be  more  fully  described, 
as  it  was  also  the  tenure  by  which  all  lands  in  New  Y'ork 
under  the  English  system  were  held. 

'  Section  1  of  tho  act. 

2  "  Up  to  the  iM88UKe  of  tills  net,  every  free  hind-owner  whb  hunleiied 
witli  military  wrvico,  which  wna  not  ccinshlcred  im  incident  of  tenure,  hut 
» duty  to  the  State."  Dl^liy's  Ijiiw  of  Kcal  Property,  '2(1.  Hence,  the 
■ulwtitulion  of  taxation  In  lieu  of  military  sorvice  l>y  thin  net,  in  the 
foundation  of  governmental  HupiHtrt  hy  taxation,  iHtth  in  Knj^lantl  rimI 
America,  an<l  of  tlie  exlBting  HyBtenia  of  taxation  in  both  conntrieti. 
The  military  tenures  "  were  sold,  or  released  to  the  c<tnntry  in  considera- 
tion of  the  hereditary  revenue  of  ex(  ise  hy  tho  Statute,  12  eh,  '2,  i.  •24," 
Kuui'tli  IteiHirt  uf  the  Kngllsh  Law  Commissioner:!,  1  lU. 


80 


HISTORY  OF  WESTCHESTER  COUNTY. 


The  law  of  land  hoth  in  Holland  and  England  was 
of  Teutonic  origin.  In  the  former  country  it  was 
modified  earlier  tiiiin  in  the  latter  by  the  conquest 
by  the  Romans,  and  t'le  introduction  of  the  Roman 
Liiw,  and  at  a  later  period  in  each,  by  the  introduc- 
tion of  the  Canon  Luw.  The  Teutonic  idea  of 
projjcrty  in  laiul  was  bawed  on  its  conquest  by  a  body 
of  men  under  a  leader  or  chief, — a  successful  barbaric 
invasion.  The  land  so  won  was  considered  the  com- 
mon property  of  its  caj)tor8,  not  of  the  leader  alone. 
He,  as  chief,  had  the  regulation  of  the  distribution 
of  the  conquest  among  the  conqueror.'*,  and  of  the 
cultivation  of  the  land  by  the  distributees  who  re- 
ceived it.  As  he  was  the  leader  of  this  community  in 
war  so  he  was  its  head  in  time  of  peace. 

The  land  thus  belonging  to  the  community  was  in 
both  Holland  and  England  considered  as  what  we 
should  now  call  "public  land."  Among  the  Sa.xons 
it  was  called  "folcland,"  that  is,  l.tnd  of  the  folk,  or 
people.  As  civilization  progressed  and  Christianity 
was  introduced,  the  band  of  barbaric  invaders,  or 
tribe,  adopted,  of  necessity,  a  political  organization. 
The  leader  became  a  chief  of  a  district  or  principality, 
or  king  of  a  i)etty  kingdom;  his  followers  became 
his  su])porter8  or  subjects ;  and  the  land  was  made 
the  source  of  revenue,  by  its  being  given  in  separate 
parcels  to  individuals  in  severalty  as  their  private 
jiroperty.  Lands  so  given  were  granted  by  a  writ- 
ten "book"  as  it  was  termed,  which  was  a  deed  or 
charter,  delivered  to  the  grantee,  and  it  was  then  said 
to  be  "  booked  ''  to  him,  from  which  it  was  called  "boc- 
land,"  that  is,  booked  land.  This  "book,"  or  grant, 
stated  that  the  grantee  was  to  hold  the  land  free  from 
all  burdens  and  from  any  services  or  money  payment, 
except  three, — military  aid  in  ca.-'eof  invasion,  manual, 
or  money  aid  in  the  rei)airing  of  fortresses,  and  in  the 
repairing  of  briilgcs,  which  duties  were  borne  by  all 
landholders  indiscriminately,  and  was  termed  the  ^'ih- 
nda  necessitas,  or  threefold  obligation.  This  military 
aid,  was  simply  the  liability  to  be  called  on  to  defend  the 
country  in  case  of  attack,  and  not  the  tenure  by  knight 
service  under  the  feudal  system,  which  tenure  was 
unknown  in  England  till  after  the  Norman  conquest. 
Thus  before  that  event  all  land  in  England  was  either 
'  folcland"  or  "bocland."' 

All  land  not  made  'bocland'  remained  'folcland' 
and  was  lield  in  common  by  the  community.  Later 
it  became  vested  in  the  chief,  aa  its  head  man,  and 
subject  to  his  control.  "  Nearly,  if  not  quite  coex- 
tensive with  the  conception  of  "bocland,"  says  Dig- 
by,  "was  that  of  allodial  land.  The  teriii  'alod,' 
allodial,  did  not,  however,  have  any  necessary  refer- 
ence to  the  mode  in  which  the  owner-ship  of  hin<l  had 
been  conferred;  it  simply  meant,  land  held  in  abso- 
lute ownership,  not  in  dependence  upon  any  other 
body  or  person  in  whom  the  proprietary  rights  were 
supposed  to  reside,  or  to  whom  the  possessor  of  the  laud 

'  Dlgbj's  HIat.  Law  of  RchI  Properly,  Cli.  I.  Seit.  1, 


was  bound  to  render  service.'"  It  was  another  name 
for  'bocland'  and  signified  that  it  was  devisable  by 
will,  and  in  case  of  intestacy  was  divisible  among 
children  equally.'  It  could  be  freely  sold  at  pleasure 
by  its  possessor;  or  its  beneficial  enjoy mvUt  could  be 
granted  by  him  for  a  longer  or  shorter  term,  at  the 
end  of  which  it  reverted  to  him  or  his  lieirs;  when 
this  la.st  disposition  of  it  was  made  it  was  called 
"  lacnland,"  literally  loan  land,  or  in  modern  parlance 
leased  land. 

The  success  of  the  "Norman  Conquest  of  England 
changed  almost  entirely  these  early  allodial  tenures. 
William  the  Conqueror  introduced  the  military  tenure 
of"  Knight-service  "  or  "  in  chivalry,"  with  all  its  feudal 
attributes  and  exactions,  which  had  come  into  vogue 
in  the  western  and  southern  portions  of  the  European 
continent.  That  system  with  its  correlative  rights  of 
protection  by  the  King  or  the  lord,  and  of  service  as 
soldiers  by  the  tenants  or  vassals,  carried  down 
through  all  classes  of  society  from  the  highest  to  the 
lowest,  termed  the  feudal  system,  thus  introduced,  be- 
came the  basis  of  the  English  land  sy.stem  and  land 
law.  From  William  of  Normandy  to  Charles  the 
Second,  gradually  developed  in  the  earliest  reigns  of 
the  Norman  Kings  to  its  fullest  extent,  its  principles 
governed  English  land,  English  law,  and  Engli>h 
thought,  until  the  enactment  of  the  statute  of  IfifiO  in 
the  twelfth  year  of  Charles  the  Second  abolished 
feudalism  forever,  practically  restored  the  old  Saxon 
allodial  tenures,  and  turned  to  freedom  the  mind  of 
England.  "  Perhaps,"  said  that  most  learned  chief 
justice  of  Massachusetts,  James  Sullivan,  in  1801, 
then  that  State's  Attorney-Creneral,  "  the  English  Na- 
tion are  more  indebted  to  this  one  act  for  the  share  of 
liberty  they  have  enjoyed  for  a  century  and  a  half 
past,  and  for  the  democratic  principles  by  that  law 
retained  in  their  government,  than  to  Magna  Charta, 
and  all  the  other  instruments  of  which  they  boast,'" 

To  show  how  entirely  different  the  "  feudal  sys- 
tem "  was  from  the  systems  introduced  into  New 
York  by  the  Dutch  and  English  ;  and  how  erroneous 
have  been,  and  are,  the  views  that  have  been  ex- 
pressed by  American,  and  New  England,  as  well  as 
New  York,  writers,  resjiecting  the  latter,  it  will  be 
well  to  recur  to  what  "feudalism'"  really  was. 

Scrcely  any  subject  of  an  historical  nature  has 
been  more  fully  and  thoroughly  investigated,  studied, 
and  written  upon,  in  late  years,  by  modern  historical 
scholars  than  this.  Germany,  France,  and  England, 
have  each  produced  writers  who  have  given  to  the 
world  the  results  of  searches  anil  investigations  of  the 
most  exhaustive  character;  von  Maurer,  Waitz, 
Eichorn,  Roth,  and  Richter,  in  the  former,  Guizot, 


•  Tlio  word    "alod"   (T.nlinlzod   into  allmlliiin,  wliciire  tlio  Kiiglih 
*'aIIodIftl")   do»«  not   occnr   in    Angrlo  Siixon    do<-untent«    ttpfnre    rl'(» 
eleventi)  century,  wlu>n  it  nppfnrs  in  tliu  Latin  of  Cantito>  lans  in  tlie 
CollHM'tine  S18.  ats  tli»  eqnivuleut  of   **bociand''  or    "  lierudita^.  " 
Stulilm  Cons.  Hiat.  7i'>,  n. 

>Hiiit.  Land  Titles  III  Man.  S2. 


THE  ORIGIN  AND  HISTORY  OF  THE  MANORS. 


fil 


Thierry,  Siiiiioiidi,  Tiiivclc^ye  in  Franco,  Rn<\  Pnlgrave, 
Austin,  Freeman,  I>igl>y,  Maine,  and  Stubbs  in  Eng- 
land. The  latter,  the  hitest  writer  on  this  subject, 
has  treated  it  so  fully,  that  a  short  statement  almost 
in  liin  own  words  will  make  the  matter  clear. 

Feudalism  was  of  distinctly  Frank  growth.  The 
principle  which  underlies  it  may  be  universal,  but 
it«  historic  development  may  be  traced  step  by  step 
under  Frank  influence,  from  its  first  ajjpearance  on 
the  conquered  soil  of  Roman  Gaul  to  its  full  develop- 
ment in  the  jurispruilence  of  the  Middle  Ages.  As  it 
existed  in  England,  it  was  brought  full  grown  from 
France  at  the  Norman  Conquest ; '  and  "it  nujybe  de- 
scribed as  a  complete  organization  of  society  through 
the  medium  of  land  tenure,  in  which  from  the  King 
down  to  the  lowest  land  owner  all  are  bound  together 
by  obligation  of  service  and  defence:  the  lord  to  pro- 
tect his  vassal,  the  vassal  to  do  ser\  ice  to  bis  lord  ; 
tlie  defence  and  service  being  based  on,  and  regulated 
iiy,  the  nature  and  extent  of  the  land  held  by  the  one 
or  the  other.  As  it  developed  territorially,  the  rights 
of  defence  and  service  were  supplemented  by  the 
right  of  jurisdiction.  The  lord  judges,  as  well  as 
defends,  his  vassal ;  the  vassal  does  suit  as  well  as 
service  to  his  lord.  In  States  in  which  feudal  govern- 
ment has  reached  its  utmost  growth,  the  political, 
financial,  judicial,  every  branch  of  public  administra- 
tion, is  regulrtted  by  the  same  conditions.  The  cen- 
tral authority  is  a  mere  shadow  of  a  name." 

It  grew  up  from  two  sources,  the  beneficiary  sj'stem 
and  the  practice  of  commendation.  "  The  system  tes- 
tifies to  the  country  and  causes  of  its  birth.  The  bene- 
ficium  is  partly  of  Roman  and  partly  of  German  ori- 
gin.' In  the  Roman  system  the  usufruct,  the  occupa- 
tion of  land  belonging  to  another  person,  involved  no 
diminution  of  the  status  (the  condition)  of  the  occu- 
pier; in  the  Germanic  system  he  who  tilled  land  that 
was  not  his  own  was  imperfectly  free.  Commenda- 
tion on  the  other  hand  may  have  had  a  Gallic  or 
Celtic  origin,  and  an  analogy  only  with  the  Roman 
dientship."  * 

"The  beneficiary  system  originated  partly  in  gifls 
of  land  mside  by  the  kings  out  of  their  own  estates  to 
their  kinsmen  and  servants  with  a  special  undertak- 
ing to  be  faithful,  partly  in  the  surrender  by  the  land- 
owners of  their  estates  to  churches  or  powerful  men 
to  be  received  back  again  and  held  by  them  as  ten- 
ants for  rent  or  service.    By  the  latter  arrangement 

I  Fn.'onmn  in  Ills  flfth  vuliinio  deiiien  this  in  lila  imiiiil  fK<lf-iiuR)cii>nt  man- 
ner, anil  attiicltB ''lawyern"  for  Baying  ao,  very  flcrceiy.  Hut  beforo  lie 
ends  tliat  cliapteriie  confines  )ii»  wonlt*  ti>  tjoremmet<t<tl  imtUerB,  anil  rouily 
aiiiiiitu  tliat  *'  tile  lawyei-s"  wore  right  after  all  as  to  the  tennrct. 

2 1.  Stulilw'  Oons.  Hist.,  ira. 

3  Tile  iieneflcia,  or  IwnefieeB.wero  *'  grants  of  Roman  provinriat  land  by 
tlie  eliieftains  of  the  tribes  which  orerran  the  Koinan  Empire  ;  such 
grunts  lieing  conferred  on  their  associates  uimn  certain  conditions,  of 
vliicli  tile  coniniouest  waa  military  sprvico.'*  Maine's  Village  Coniinuiii- 
ties,  1:12.  The  Kanie writer  alBo  says,  "that  in  the  ineradlcalile  tendencies 
of  tlie  Teutonic  race,  to  the  hereditary  principle,  the  beueflcea  became 
descelidibie  frimi  father  to  son." 

4  I.  Stubb«'  Cons,  liiat.  i&t. 


the  weaker  man  obtained  the  protection  of  the 
stronger,  and  he  who  felt  himself  insecure  placed  MS 
title  under  the  defence  of  the  church.  Ry  the  prac- 
tice of  commendation,  on  the  other  hand,  the  inferior 
put  himself  under  the  personal  care  of  a  lord  [that 
U,  eovtmniihd  himtflf  to  him,  hence  the  terni]  but  with- 
out altciing  his  title,  or  divesting  himself  of  his 
right  to  his  estate ;  he  became  a  vassal  and  did  hom- 
age. The  ])lacing  of  his  hands  between  those  of 
his  lord  was  the  typical  act  by  which  the  connexion 
was  formed.  And  the  oath  of  fealty  [/aithfiilnenii'] 
was  taken  at  the  same  time.  The  union  of  the  bene- 
ficiary tie  with  that  of  commendation  completed  the 
idea  of  feudal  obligation  ;  the  twofold  tie  on  the 
land,  that  of  the  lord  and  that  of  the  vassal,  was  sup- 
plemented by  the  twofold  engagement,  that  of  the 
lord  to  defend,  and  that  of  the  va-ssal  to  be  faithful."* 
This  oath  of  'fealty'  and  wherein  it  differed  from 
'homage'  may  be  explained  best  in  the  words  ot 
Littleton,  "Fealty  is  the  same  that  fidelitas  is  in 
Latine.  And  when  a  freeholder  doth  fealty  to  his 
lord  he  shall  hold  his  right  hand  upon  a  booke  (;i 
Bible)  and  shall  say  thus:  Know  ye  this  my  lord, 
that  I  shall  be  faithfull  and  true  unto  you,  and  faith 
to  you  shall  beare  forthe  lands  which  I  claime  to  hold 
of  you,  and  that  I  shall  lawfully  doe  to  you  the  cus- 
toms and  services  which  I  ought  to  doe,  at  the  termes 
assigned,  so  help  me  God  and  his  Saints;  and  he  shall 
kisse  the  booke.  But  he  shall  not  kneel  when  he 
maketh  his  fealty,  nor  shall  make  such  humble  rever- 
ence as  is  aforesaid  in  homage.' 

The  practice  of  commendation  became  so  very  gene- 
ral, that  in  the  words  of  Sir  Henry  Maine,  it  "  went 
on  all  over  Europe  with  singular  universality  of 
operation,  and  singular  uniformity  of  result,  and  it 
helped  to  transform  the  ancient  structure  of  Teutonic 
society  no  less  than  the  institutions  of  the  Roman 
Provincials.'"  It  was  one  of  the  leading  causes  of 
the  universality  of  feudalism  in  Europe. 

Well  writes  one  of  the  most  distinguished  living 
jurists  of  New  York,  on  this  subject, — 

"  Feudalism  is  compounded  of  barbaric  usage  ami 
Roman  law.  While  it  resembled  in  some  respects  a 
Hindoo  village  community,  it  is  in  other  respects 
quite  diflferent.  The  Hindoo  communities  gathered 
together  by  instinct,  and  new  comers  were  introduced 
by  fiction.  The  feudal  obligation  was  created  by  con- 
tract. The  feudal  communities  were,  for  this  reason, 
more  durable  and  varied  in  character  than  the  ancient 
societies.  Some  would  hold  that  the  variety  of 
Modern  Civilizaiion  is  due  to  the  exuberant  and  er- 
ratic genius  of  Germanic  races.  In  opposition  to  this 
error,  it  may  be  asserted  that  the  Roman  Empire 
bequeathed  to  society  the  legal  conception  to  which 
all  this  variety  is  attributable.    The  one  striking  and 


0 1.  Stuliba,  2fi2. 

«  Co.  Litt.,  chap.  II.  sect.  91. 

'  Uiat.  of  lustitutlous,  155 


8S 


HISTORY  OF  WESTCIIEHTER  COUNTY. 


cbnracteristic  fact  in  the  cuatoms  and  institutiona  of 
barl>aric  races  in  their  cxtrt'ine  unifonnity."  ' 

The  effect  of  feudalism  on  the  society  ol  the  era  in 
which  it  existed,  was  two  fold.  It  repressed  and 
harshly  kept  down  the  personal  rights  and  freedom  of 
what  in  our  day  we  now  term  "the  niuHses,"  but  it 
also  gave  rise  to,  maintained,  and  e8tabli.ihed  in  those 
who  then  rulec  ihc  masses  of  that  day,  those  feelings, 
rules  of  conduct,  and  principles  of  action,  to  which 
are  really  due  the  vastly  higher  general  civilization  of 
both  classes  of  people  at  this  era.  If  we  investigate 
feudalism  in  it«  social  as|>ect8,  in  the  words  <i  the  late 
chief  justice  of  Ceylon,  "we  shall  find  ample  cause 
for  the  inextinguishable  hatred  with  which,  ns  Uuizot 
truly  states  in  History  of  Civilization  in  Kuro])e,  it  liiis 
ever  been  regarded  by  the  common  people.  But  this 
ought  not  to  make  us  blind  to  its  brighter  features. 
There  was  much  in  feudalism,  e>pecially  as  developed 
in  the  institutions  of  chivalry,  that  was  ))ure  and 
graceful  and  generous.  It  ever  acknowledged  the  high 
social  position  of  woman,  it  zealously  protected  her 
honour.  It  favoured  the  growth  of  domestic  attach- 
ments, and  the  influence  of  family  associations.  It 
fostered  literature  and  science.  It  kept  up  a  feeling 
of  independence,  and  a  spirit  of  adventurous  energy. 
Above  all,  it  paid  homage  to  the  virtues  of  Counige 
and  Truth  in  man,  and  of  Afl'ection  and  Constancy  in 
woman.'" 

Such  WHS  the  feudal  system  in  reality,  it'*  origin  and 
principles.  As  a  system  of  land  tenure,  or  of  govern- 
ment, it  not  only  never  e.xisted  in  the  Province  of  New 
York,  but  it  was  absolutely  the  opposite  of  the  systems 
of  both  which  were  there  established.  No  lord  para- 
mount, either  as  Duke  of  York,  or  as  a  Lord  of  a 
^lanor,  was  ever  known  within  this  State  while  an 
English  Province.  The  former  was  a,  Proprietor  only, 
as  William  Penn  and  Lord  Baltimore  were,  in  Penn- 
sylvania and  in  Maryland.  The  latter  was  an  owner 
in  fee  with  no  powers,  rights  or  privileges,  but  those 
appurtenant  to,  and  consistent  with,  the  freest  alloditd 
tenure.  Moreover,  it  not  only  never  existed,  but  it 
could  not  possibly  have  existed  in  New  York.  For  it 
was  prohibited  by  the  statute  law  wiihin  the  realm  of 
England  four  years  before  New  York  became  an 
integral  part  of  the  dominions  of  that  realm. 

What  then  was  the  tenure  described,  "  as  of  our 
niannor  of  East  Greenwich  and  our  County  of  Kent 
in  free  and  common  soccage  and  not  in  capite  or  by 
Knight  service,  upon  which  the  Province  of  New  York 
was  holden  under  his  grant  from  the  King  of  Eng- 
land by  the  Duke  of  York  as  Lord  Proprietor?  " 

Socage'  tenure  was  a  holding  of  lands  by  a  certain 
service  or  rent.  Certainty  as  opposed  Uj  the  uncer- 
tainty of  tenure  by  Knight  service,  or  as  sometimes 


1  Dwlicht'8  Introduction  to  the  American  edition  of  Maine's  Ancient 
Law.  LXIV. 

8.«lr  E.  CrMry'B  Rlwof  the  British  Con-tltiition,  83. 
3  Tbu  word  U  now  spoiled  with  one  '■  c  "  only. 


atyled,  "  in  chivalry,"  wan  for  its  ewtence.  It  made  no 
matter  what  tlie  service,  or  rent,  was,  so  long  us  it  was 
absolutely  certain.  It  might  be  by  ploughing  lamU  for 
a  fixed  number  of  days  at  a  time  fixed,  or  it  might  be 
for  a  fixed  annual  rent,  payable  either  in  cattle,  produce 
or  in  money,  or  it  might  be  by  homage,  fealty,  and  a 
fixed  money  rent,  in  lieu  of  all  manner  of  services,  or 
by  fealty  only  in  lieu  of  every  other  service.*  This 
inherent  element  of  certainty  was  what  gave  this 
tenure  its  power,  and  has  made  it  the  only  tenure  by 
which,  in  different  forms  and  under  different  modifi- 
cations, and  under  systems  based  upon  its  principles, 
lands  are  now  held  in  the  English-speaking  nations 
of  the  world. 

Property  in  land  has  a  double  origin.  "  It  has 
arisen,"  in  tlie  words  of  Maine,  "partly  from  the  dis- 
entanglement of  the  individual  rights  of  the  kindred 
or  tribesmen,  from  the  collective  rights  of  the  Family 
or  Tribe,  and  partly  from  the  growth  and  transmuta- 
tion of  the  Sovereignty  of  the  Tribal  Chief.  .  .  .  Both 
the  sovereignty  of  the  Chief  and  the  ownership  of 
land  by  the  Family  or  Tribe  were  in  most  of  Western 
Europe  passed  through  the  crucible  of  feudalism ; 
but  the  first  re-appeared  in  some  well-marked  chiir- 
acteristics  of  military  or  Knightly  tenures,  and  the 
lust  in  the  principle  rules  of  non-noble  holdings,  and 
among  them  of  Socage,  the  distinctive  tenure  of  the 
free  farmer."  *  Its  essential  character  was  "  its  liability 
to  rents  and  services  due,  not  to  the  State,  but  to  the 
grantor,  who  in  most  cases  was  the  lord  of  the  manor, 
holding  under  a  charter  (meaning  a  grant  or  patent) 
given  or  confirmed  by  the  crown."  °  The  word  socage 
is  generally  believed  to  have  been  derived  from  "  soca  " 
a  plough.  It  was  "  originally  applied  only  to  husband- 
men who  owed  fixed  services  for  husbandry.  Where 
these  rustic  services  had  notbeen  commuted  foramoney 
rent  the  tenure  was  called  '  villein  socage,''  as  distin- 
gui-.hed  from  '  free  and  common  socage.'  "*  In  Knight- 
service  tenure,  and  in  the  spiritual  tenure  of  Francal- 
moigne  or  Free  Alms,  that  is  freedom  from  all  earthly 
services  [on  which  churches,  abbeys,  and  cathedrals, 
in  England  held  and  still  hold  so  many  of  their 
lands],  and  in  all  the  military  tenures  the  services 
were  uncertain  :  from  all  other  free  tenants  of  lands  a 
fixed  amount  of  service,  or  rent,  was  due,  and  their 
tenures  were  included  in  the  general  name  of  socage  " 

It  was  a  free  tenure,  the  land  a  freehold,  and  the 

MJtt.  ch.  .1,  Sect.  117,  85a;  Roovo's  Hist.  .Id  vol.  ch.  nxl.  4n.'( ; 
I.  Franria  Sullivan's  Lectures  on  the  Ij>ws  of  KnRliind,  157  ;  ChrlBtiiin's 
Blai'kstone,  li.  81,  n  1  ;  Sullivan's  Mass.  Land  Titles,  34  ;  Maine's  lliat. 
Inst.,  120 ;  Stubbs'  Cons.  Hist.,  54'J. 

»  Maine's  Hist.  Inst'ns.,  120. 

«  Elton's  Tenures  of  Kent,  29. 

'  A  villein  was  an  inhabitant  of  a  villa,  the  annient  name  of  a  farm, 
and  in  the  earliest  times  was  attached  to  it  ptTuianently.  And  hs 
many  villas  were  Included  In  a  manor,  it  had  oiten  mai.:  villein^. 
Those  villeins  gradually  came  to  lie  allowed  to  hold  parcels  of  land,  on 
condition  of  manuring,  or  ploughing  the  lord's  denipsue  liindt,  or  on 
base  or  rustic  services.     Hence  arose  the  tenure  termed  vlllein-sociige. 

8  FIton's  Law  of  Copyholds,  3,  nolo  b. 

Ub.  a. 


THE  ORIGIN  AND  HISTORY  OF  THE  MANORS. 


8S 


luildcr  n  frpemnn,  booiuiHC  he,  an  well  ns  tlie  Innd,  was 
entirely  free  from  all  exactionB.  and  from  all  rents 
and  Hervices  except  tlione  xpecified  in  his  grant.  Ho 
loniif  R8  the«e  last  were  paid  or  |)erformed,  no  lord  or 
other  power  could  deprive  him  of  his  land,  and  he 
could  devise  it  hy  will,  and  in  case  of  his  death, 
intestate,  it  could  bo  divided  among  his  sons 
equally.' 

At  a  later  period,  after  the  Nnrnuin  conquem,  this 
latter  quality  of  the  tenure  became  changed  by  the 
introduction  of  the  principle  of  primogeniture  in  all 
parts  of  Eivgir.i.;' ;  a  principle  of  Teutonic  origin,  and 
one  necesiary  to  the  maintenance  of  the  feudal  syH- 
tcm  as  a  military  system.  One  of  the  parts  of  England 
which, at  tlietime  of  its  conquest,  first  submitted  peace- 
ably to  William  ofNormandy,  was  the  Saxon  Kingdom 
of  Kent,  afterward,  and  now,  flie  County  of  Kent,  the 
southeastern  extremity  of  England.  In  conne(|uence 
of  thin  action  the  Nornnin  king  confirmed  its  inhab- 
itants iu  all  their  ancient  laws  and  liberties.  "  Kent 
was  firmly  attached  to  the  Oomiueror  hy  the  treaty, 
which  he  never  broke,  that  the  law  of  Kent  should 
not  bo  changed.' 

One  of  the  provisions  of  the  law  of  Kent  was  the 
custom  or  tenure  of  '  Gafolcund  '  or  '  Gavelkind,'  one 
of  the  most  ancient  of  the  free  socage  tenures,  by 
which  the  greater  portion  of  thut  county  was  then, 
and  is  now  held. 

According  to  this  ancient  relic  of  the  early  Saxon 
law,  the  land  descended  to  all  the  sons  equally,  was 
usually  devisable  by  will,  did  not  escheat  in  case 
of  attainder  and  execution  for  felony,  and  could  be 
aliened  by  the  tenant  at  the  age  of  fifteen.'  It 
was  a  freeman's  tenure,  and  so  general,  though 
not  universal,  in  the  county,  that  it  was  con- 
sidered by  the  common  law  of  England,  and 
judicially  taken  notice  of  by  the  King's  Courts  as  the 
"  common  law  of  Kent."  The  only  instance  in  all 
England  of  a  county  having  a  different  common  law 
from  the  rest  of  the  Kingdom.  And  it  so  continues 
to  this  day.  Much  of  its  area  originally  gavelkind 
has  been  changed  by  s|)ecial  acts  of  parliament,  or,  as 
it  was  termed, '  disgaveled,'  and  thus  made  knight  ser- 
vice land  and  subject  to  the  law  of  primogeniture.' 
The  name  is  derived  from  the  Saxon  word  '  gafol,'  or 
'  gavel,'  [/Ae  prnnuncialion  of  the  words  being  rimilar 
in  louiid']  which  was  the  Saxon  word  for  rent,  "  in- 
cluding in  that  term  money,  labor,  and  provisions.'" 
Gavelkind  land  therefore  means  primarily  rented 
land  with  the  privileges  above  stated. 

One  of  the  Manors  of  the  Crown  of  England  was 
that  of  East  Greenwich  in  this  favored  Ciunty  of 
Kent  which  had  never  been  reduced  to  the  new  mili- 
tary tenures  brought  in  by  the  Norman  Con  lueror, 
and  owed  no  claim  for  suit  or  cervices  or  othf "  obli- 


'  T>l(chy.  72.  •  Rlton's  Tenures  of  Kent.  72. 

'  I'lgliv's  Hl«f .  Henl  Pmnerty,  3S,  n.  2. 

*Eltuu'ii  Teuurtmuf  Keutjjasi.m.  >Ilid  29. 


gallon  than  that  of  fealty  ami  allegiance.*  Hence  it 
was  that  when  the  tenure  of  the  British  grants  in 
America  came  to  be  settled, it  was  described  asofour 
Manor  of  East  Greenwich  in  the  County  of  Kent, 
that  manor  luing  held  only  "in  free  and  common 
soccage."  The  object  being  to  give  to  the  new  pos- 
sessions in  America  the  most  favorable  tenure  then 
known  to  English  law. 

The  fixed  "service"  or  "rent"  on  which  New 
York  was  held  in  socage  by  the  Duke  of  York  was 
the  yearly  payment  of''  forty  beaver  skins  when  they 
shall  be  demanded  or  in  ninety  days  after."  When 
the  Duke  became  King  in  lt!85,  this  nominal  rent 
ceased  and  he  held  the  Province  from  that  date  as 
Sovereign  of  England.  And  under  him  and  his  suc- 
cessors, from  that  year  until  the  peace  of  1783,  by  vir- 
tue of  this  fact  New  York  continued  to  he  a  Royal 
Province,  under  Royal  Governors  commissioned  by 
its  English  monarchs  under  their  signs  manual. 

As  such  rei>rc8entative8  of  their  Sovereigns  were  all 
grants,  of  Manors,  and  other  great,  and  small,  tracts 
of  land,  made  by  the  Governors  of  New  York  as  long 
as  New  York  continued  to  be  a  British  Province. 
The  tenure  of  all  was  the  same  as  that  in  the  Patents 
from  Charles  IT.  to  the  Duke  of  York,  "  in  free  and 
common  socage  as  of  our  manor  of  East  Greenwich 
in  County  of  Kent."  The  fixed  services  or  ren's 
varied,  but  were  merely  nominal  in  all  cases.  In 
some  of  the  minor  incidents  of  the  grants  of  manors, 
and  of  lands  not  manors,  they  also  varied,  but  the  im- 
portant thing,  the  tenure  itself,  was  the  same  in  all. 
When  William  and  Mary  directed  their  Governor  to 
call  General  Assemblies,  with  the  advice  and  consent 
of  the  Council,  and  the  first  Assembly  held  in  New 
York,  under  those  sovereigns,  met  in  April,  1691,  that 
Assembly,  in  the  second  act  it  passed,  declaring  the 
rights  and  privileges  of  their  SInjesties'  subjects  to 
their  Province  of  New  York,  enacted  "  That  all  the 
Lands  within  the  Province,  shall  be  esteemed  and  ac- 
counted Land  of  Freehold  and  Inheritance,  in  free 
and  common  Soccage.  according  to  the  tenor  of  Enx' 
(irf'nwich  in  their  Majesties' Realm  of  England.'" 
And  it  is  owing  to  these  facts  that  this  subject  has 
been  so  fully  dwelt  upon,  dry  as  it  must  necessarily 
be  to  the  general  reader. 

The  confirmations  by  the  English  Governors  of  the 
Dutch  groundbriefs,  transports,  and  othergrants,  were 
rendered  necessary,  by  the  change  of  the  Sovereign 
Power.  The  Dutch  instruments,  under  the  Dutch  law, 
it  will  be  remembered,  required  their  grantees  to  take 
the  oaths  of  allegiance  to  the  West  India  Company 
and  to  the  States-General  of  the  United  Provinces. 
Of  course  when  the  country  became  a  British  posses- 
sion, and  the  Duke  of  York  became  its  Lord  Proprie- 
tor, the  terms  on  which  the  Dutch  grantees  held  their 
lands  required  to  be  changed  in  this  respect,  so  as  to 

«  Snlllvsn's  Mnw.   Land  Titled,  (19. 

'  II.  BradforU'i  Laws,  N.  Y.,  ed.  1710,  p,  4. 


u 


HISTORY  OF  WESTCHESTER  COUNTY. 


conform  to  the  actual  change  of  the  owners  of  the  ul- 
terior sovereign  right  of  eminent  domain. 

This  was  jirovided  for  in  that  very  ably  drawn,  lib- 
eral, and  just  "  Code  of  Laws,"  enacted  and  promul- 
gated at  the  first  meeting  of  delegates  of  the  people  of 
the  Towns  of  the  Province  of  New  York  under  the 
English  rule,  held  at  Hempstead,  in  Queens  County, 
on  June  24th,  l(>6o,  nine  months  only  alter  the  Dutch 
surrender,  known  as  "The  Duke's  Laws."  This 
code,  the  earliestof  the  codes  of  New  York,  full,  clear, 
and  complete,  is  well  arranged  in  an  alphabetical  di- 
vision of  its  subjects.  Under  the  heading  "  Lands," 
is  this  provision,  "To  the  end  all  former  Purchases 
may  be  ascertained  to  the  present  possessor  or  right 
owner,  They  shall  bring  in  their  former  Grants,  and 
take  out  new  Pattents  for  the  same  from  the  present 
Governoure  in  the  behalf  of  his  Royall  Highness  the 
Duke  oi"  Yorke ;  "  then  after  directing  the  making  and 
filing  of  a  sur.  y  and  map  within  a  year  from  the 
date  of  a  purchase,  the  law  continues,  "  Every  Pur- 
chaser in  acknowledgment  of  the  propriety  of  such 
Lands  belonging  to  his  Royal  Highness  .Fames  Duke 
of  York,  shall  upon  the  scaling  of  the  Pattent  Pay 
unto  the  Governoure  so  much  as  they  shall  agree 
upon;  not  exceeding  hundred  acres."  Some  amend- 
ments and  alterations  were  made  to  this  code  pursu- 
ant to  it's  own  provisions  at  a  meeting  of  the  Court  of 
General  Assizes '  held  in  the  t/ity  of  New  York  at  the 
close  of  September,  l(i(i5,  three  months  later,  one  of 
which  re-enacis  the  last  cited  clause  in  these  more 
definite  words, — "  To  the  end  all  former  Purchases  &c, 
nil  persons  whatsoever  who  have  any  Grants  or  Patents 
of  Towneshijtps,  Lands,  or  Houses,  within  this  Gov- 
ernment, shall  bring  in  the  said  Grants  or  Patents  to 
the  Governoure  and  shall  have  them  Revewed  by 
Authority  from  his  Royall  Highness  the  Duke  of 
Yorkc,  before  the  beginninge  of  the  ne.xt  (,'onrt  of  As- 
sizes.' That  every  purchaser  &c.  shall  piiy  for  every 
hundred  acres  as  an  acknowledgment  two  Shillings 
and  six  pence.' 

This  law  and  this  sum  marked  the  beginning  of 
the  Quit-r^nts  and  their  amount  or  rate  paid  ever 
after  to  the  King,  and  subsetpicntly  to  the  American 
Revolution  to  the  State,  and  which  only  terminated 
under  the  State  Quit-rent  statute  of  ISIT),  which  com- 
muted them  all  for  gross  sums  of  money,  as  will  be 
fully  explained  hereafter. 

Governor  Lovelace  sent  a  report  to  the  Duke  of 
York  on  the  state  of  the  Province,  undated,  but  which 
is  believed  to  have  been  made  early  in  UW,),  the  year 
after  his  arrival  in  New  York.  In  this  he  says; 
"The  Tenure  of  Lands  is  derived  from  his  Royall 
Highness  who  gives  and  grants  Lands  to  Planters  as 
their  freehold  forever,  they  paying  the  customary 
rents  and  duties  with  others  toward  the  Defraying  of 

>  TliU  court  conililneil  Judicliil  and  leglilnllre  powon,  and  wu  created 
Ly  tlie  cixle  lUelf. 
'Tlilacuurtmt  annuHllyIn  Heptenitier. 
>Tbv  Duke'i  Uwi,  I.  N.  Y.  II.  CoU.,  MO  and  4ta 


the  Publique  Charges.  The  highest  Rent,  or  ac- 
knowledgment of  his  R.  H.,  will  be  one  penny  per 
acre  for  Lands  purchased  by  his  R.  H.,  the  least  two 
shillings  six  pence  for  each  hundred  acres,  whereof 
the  Planters  themselves  are  purchasers  from  the  In- 
dyans."  ♦ 

In  the  year  16t5G  the  "General  Court  of  Assizes" 
made  an  order,  that  all  persons  who  had  old  patents 
should  bring  them  in  to  be  renewed,  and  they  that 
had  none  should  be  supplied  therewith  by  a  certain 
time  therein  limited.  A  proclamation  of  the  Gov- 
ernor dated  at  Fort  James  the  1st  of  July,  1(169,  to 
"the  Inhabitants  about  Delaware"  shows  us  very 
clearly  what  this  order  meant.  After  quoting  the 
order,  it  continues  in  these  words:  "Which  said 
order  did  extend  itself  to  Albany,  Esopus,  and  all 
other  places  of  the  Governm',  as  well  as  this  City  and 
more  particularly  to  all  those  who  had  beene  under 
the  Dutch,  and  are  now  reduced  to  his  Majesties 
obclience.'  These  presents  doe  declare  and  nuike 
Knowne  that  the  Inhabitants  in  and  about  Delaware 
being  under  this  Governm'  are  likewise  concerned  as 
ivell  as  the  rest;  So  that  all  persons  there  who  hould 
their  lands  by  Patent  or  ground  briefs  of  y*  Dutch 
Tenure  are  to  have  their  Patents  renewed.  And 
those  who  have  none  are  with  all  conveniente  sliced 
to  bee  supplyede  therewith,  otherwise  they  are  liable 
to  incurre  the  penaltye  in  the  Law  set  forth."' 

The  terms  on  which  the  new  Patents  of  Confirma- 
tion were  granted  were  very  liberal.  So  much  so  as 
to  explode  the  idea  indulged  in  by  many  writers  that 
the  sole  object  was  to  extort  fees.  The  evidence  is 
conclusive.  The  mayor  and  aldermen  of  New  York 
presented  a  petition  of  incjuiry  to  the  Court  of  As- 
sizes on  this  subject.  In  this  Court  it  will  be  remem- 
bered the  (tovernor  presided.  In  the  proceedings 
of  the  Court  in  the  Assize  Hook,  under  date  of  March 
25,  lGt!7,  two  years  |>rior  to  the  proclamation  just 
cited,  is  Governor  Nicolls'  reply  to  this  jietition  in 
the  form  of  six  specific  entries.  They  are  as  follows, 
(the  contractions  in  the  original  being  plainly  written 
out). 

"1.  The  reason  for  renewing  all  former  groundbriefs 
was,  and  is,  to  abolish  the  express  conditions  con- 
tained in  every  one  of  them,  to  hold  their  lands  and 
houses  from  and  under  the  States  of  Holland  and  the 
Wt«t  India  (Jompany  in  Amsterdam  as  their  Lords 
and  Masters. 

"2.  Whoever  shall  bring  a  certificate  from  the 
mayor,  or  deputy  mayor,  or  two  aldermen  of  his  inca- 
pacity shall  jiay  nothing  for  renewing  an  old  or  grant- 
ing a  new  |)atent. 

"3.  No  man  shall  pay  more  than  a  beaver  for  a 
new  patent  and  all  the  transports  depetiding  there- 
upon. If  any  person  shall  desire  his  own  transport  to 
be  converted  into  a  patent,  it  shall  be  done  for  3 
guilders  in  behver. 


*  III.  K'ai.  Illat.  N.  Y.  188. 


•  XII.  Cut.  ntat.  403. 


THE  ORIGIN  AND  HISTORY  C'  THE  MANORS. 


8S 


"  4.  Where  the  original  groundbrief  of  Boveral  trans- 
ports cannot  be  found  each  transport  shall  be  contirined 
for  8  guilders.' 

"  5.  If  any  man  have  2,  3,  or  more  ground  briefs  of 
small  i)arcels  of  land  they  shall  be  comprised  in  one 
confirmation  at  the  half  price  allowed  by  the  Court. 

"  G.  The  Mayor  and  Alderman  to  draw  up  u  list  of 
houses  and  lots  belonging  to  persons  now  in  Holland 
or  else  where  not  in  amity;  nor  under  allegiance  to 
his  Majesty  of  Great  Britain  wlio  are  deprived  of  the 
benefit  hereof. 

As  the  time  allowed  for  bringing  in  the  said  ground 
briefs  is  almost  expired  the  Governor  suspends  the 
peiialtj  for  not  bringing  them  in  at  or  before  the  1st 
April  next  until  the  1st  May  this  present  year,  16G7." 

Surely  more  favorable  or  easier  terms  could  not  have 
been  promulgated. 

."^uch,  in  brief,  was  the  nature  of  the  tenure  of  land 
cstalilished  in  New  York  when  the  Province  came 
under  English  rule.  It  was  fortunate  that  that  event 
was  almost  simultaneous  with  the  greaicst  change  in 
the  law  of  England  since  the  days  of  King  John. 
That  change  really  gave  to  New  York  the  freehold, 
partible,  and  perfectly  alienable,  land  system,  which, 
with  slight  modifications,  has  existed  from  that  day  to 
this,  and  under  which  her  population  has  increased 
from  the  10,000  souls  in  the  last  year  of  Director 
Stuyvesant  to  the  5,000,(100  people  over  whom  Gover- 
nor Hill  now  rules  in  this  year  of  grace  188G. 

9. 

The  Manon  in  New    '  ork,  what  they  were  not,  and 
what  they  were. 

What  were  the  Manors  which  existed  in  New  York  ? 
What  were  those  in  the  County  of  We»tche»t(;r?  To 
answer  these  cpiestions,  the  origin  and  nature  of 
5Ianors,  especially  those  of  England,  all  of  which 
were  created  prior  to  the  18th  year  of  the  reign  of 
Edward  I.  (Anno  1200),  must  be  considered.  Thf 
statute  of  Edward,  called  "  of  Weslminnter,"  or  "  Quia 
cniptnre»  "  from  its)  first  two  wonls,  "  in  the  year  1290 
put  an  end  forever  to  New  Manors  in  England." '  Those 
Manors  were  feutlal  Manor9,of  the  kind  already  alluded 
to,  those  erected  in  New  York,  four  hundred  years 
later  were  freehold  Manors.  Their  diflerence,  and  why 
Manors  could  be  erected  in  New  York,  and  not  in 
England  will  be  shown. 

"  It  has  often  been  noticed,"  says  Sir  Henry 
JIaine,  "  that  a  Feudal  Monarchy  was  an  exact 
counterpart  of  a  Feudal  Manor,"  but  the  reason  of 
the  correspondence  is  only  now  beginning  to  dawn 
U[)on   us,  which  is,  that  both  of  them  were  in  their 

'  It  will  bo  remembered  that  uiiitur  the  Diitrli  nyiti'in,  tlio  "  Kniiiiid- 
brief "  wiw  the  llceiiH)  tt>  buy  of  tbu  liulliitiH,  iiiul  Ihv  **  tmiiHport  "  the 
de(*(l  of  thi>  ntroctor  mid  CVHiniil  for  tbo  laud  nfter  thu  purchue  of  the 
Uiittvoi  bnd  iK^en  umdo, 

^duf'lal'riCiiuiit.  Illntiirjrof  England,  148, 

'  A  niuiiliir  ■tatcineut  l>  fnund  In  Wuet'i  Manner  of  Creating  IVers,  \. 
10.    t'rulMiuu  L)i|inl:loii,  II.  M. 


origin  bodies  of  assumed  kinsmen  settled  on  land  and 
undergoing  the  same  transmutation  of  ideas  through 
the  fact  of  settlement.  The  history  of  the  larger 
groups  ends  in  the  Modern  Notions  of  Country  and 
Sovereignty  ;  the  history  of  the  smaller  in  the  Mod- 
ern Notions  of  Landed  Property.  The  two  courses 
of  historical  development  were  for  a  long  while 
strictly  parallel,  though  they  have  censed  to  be  so 
now."*  It  is  not  possible  in  the  limits  of  this  essay 
to  describe,  except  in  outline,  the  various  steps  and 
changes  by  which  the  barbarian  Teutonic  leader  and 
his  followers,  developed  into  the  family  or  tribal  ruler 
and  his  kindred  by  blood  or  by  tribe  settled  upon  the 
land  which  they  had  seized,  and  which  they  retained 
as  their  own.  How  strong,  how  natural,  and  how 
general,  was  this  principle  of  a  specific  land-settle- 
ment on  the  basis  of  kinship  by  blood  or  by  tribe,  is 
proven  by  the  examples  which  now  exist  in  three 
continents  at  this  day.  The  more  prominent  of  which 
are,  the  clans  of  Scotland,  the  Septs  of  Ireland,  the 
Slav  tribes  of  the  Balkan  regions,  in  Europe,  the 
Hindoo  Joint-Families  of  British  Asia,  and  the  na- 
tive Indian  tribes  of  North  America. 

Out  of  the  tribal  settlement  on  a  fixed  district  of 
land  came  the  Teutonic  village  or  town.  This  was 
"  an  organized,  self  acting  group  of  Teutonic  families 
exercising  a  common  proj)rietoishii)  over  a  definite 
tract  of  land, — its  Mark, — cultivating  its  domain  on  a 
common  system,  and  sustaining  itself  by  the  pro- 
duce." '  It  had  its  separate  households,  each  gov- 
erned by  the  father  of  a  family,  and  each  entirely  free 
from  any  interference  by  anybody  else.  Itn  master 
was  supreme,  and  from  this  feature,  continually  pre- 
served and  maintained  to  this  day,  comes  the  familiar 
principle  of  English  and  American  law,  that  "every 
man's  house  is  his  castle."  Those  groups  of  families, 
or  societies,  with  their  Lender,  or  Headman,  were 
often  involved  in  disputes,  with  neighboring  societies 
and  their  families  and  Headmen.  And  to  this  fact 
of  native  Teutonic  quarrelsomeness  the  German  in- 
vestigators and  writers  ascribe  the  change  (which 
took  place  gradually)  that  evolved  the  manor  from 
the  Mark.  "One  community  coiuiuei-s  another  and 
the  spoil  of  war  is  either  the  common  Mark  {the  part 
of  the  district  cultivated  in  comiiwn),  or  the  waste  {the 
uncutlivated part),  of  the  worsted  community.  Either 
the  conquerors  appropriate  and  colonize  the  part  of  the 
waste  so  ttiken,  or  they  take  the  whole  domain  and 
restore  it  to  bo  held  in  dependence  on  the  victor 
society."'  This  was  the  origin  of  the  idea  of  suzer- 
ainty or  lordship.  Another  cau.se  of  the  change  from 
this  Mark  system  to  the  manorial  system,  the  (ferman 
writers  fay,  was  the  fact,  that  these  Teutonic  village 
societies,  "though  their  organization  can  only  be  de- 
scribed as  democratic,  appear,  nevertheless,  to  have 


«  HIrt.  In«t.  77. 

»  Vdu  Miiun'r  rltnd  bv  Mnlnr,  VIII.  Com.  10,  with  approval. 

•Muina'a  Vill.  Cum.  lU. 


86 


HISTORY  OF  WESTCHESTER  COUNTY. 


generally  had  an  abiding  tradition  that  in  some  one 
tiimily,  or  in  some  families,  the  blood  which  ran  in 
the  veins  of  all  the  freemen  was  purest;  probably  be- 
cause the  diruct  descent  of  such  family,  or  families, 
from  a  common  ancestor  was  remembered  or  be- 
lieved in. 

From  the  members  of  these  families  the  leader  for 
a  military  expedition  would,  as  a  rule,  be  chosen,  and 
the  power  he  would  thus  actjuire  "  would  be  a  combi- 
nation of  political,  military,  and  judicial,  power." 
This  leader,  "  thus  taken  from  the  privileged  family 
would  have  the  largest  share  of  the  lands  appropriated 
from  the  conquered  village  societies;  and  there  is 
ground  for  supposing  that  he  was  sometimes  rewarded 
by  an  exceptionally  large  share  of  the  common  land 
belonging  to  the  society  which  be  headed."  Another 
privilege  which  the  leading  family  and  its  chief  ob- 
tained, was  the  power  "  to  sever  his  own  plot  of  land 
from  the  rest,  and,  if  he  thought  fit,  to  enclose  it;  and 
thus  break  up  or  enfeeble  that  system  of  common  cul- 
tivation under  rules  of  obligatory  custom  which  de- 
pended mainly  ~n  the  concurrence  of  all  the  villag- 
ers." '  Add  to  this  the  inherent  tendeficy  of  the  Teu- 
tonic mind  to  the  principle  of  priino<^eniture,  and  we 
have  the  basis  of  what  is  known  as  the  manorial 
system.  Transplanted  into  England  by  its  early  Ger- 
man invaders  this  inchoate  manorial  system  tojk  root 
and  existed  under  the  Suxon  domination  till  the  days 
of  Harold.  At  the  Norman  conijuest,  which,  aa  we 
have  seen,  brought  full-grown  to  Kngiand  the  Feudal 
System,  William  of  Normandy  had  little  difficulty  in 
engrafting  it  upon  the  existing  Haxon  system,  or  rather 
in  transforming  that  system  into  Norman  Feudalism, 
which  was  that  of  France  and  Continental  Europe. 

Such  is  the  view,  of  the  latest  historians,  and 
most  learned  writers,  on  this  subject.  A  view  most 
tersely  summed  up  by  Sir  Henry  Maine,  "our 
modern  English  conception  of  absolute  property  in 
land  is  really  descended  from  the  special  i)roprietor- 
ship  enjoyed  by  the  Lord,  and  more  anciently  by 
the  tribal  chief,  in  bis  own  Domain."'^  "Jlanoi's," 
Sir  Williaui  Hhickstone,  tells  us  "are  in  substance 
as  ancient  as  the  Saxon  Constitution,  though  i)erhapH 
diflering  a  little  in  some  immaterial  circumstances 
from  those  which  exist  at  this  day;  just  as  we  ob- 
served of  feuds,  that  they  were  partly  known  to  our 
ancestors,  even  before  the  Norman  Concjuest."' 

Originating  before  the  feudal  system  itself,  that 
system  when  it  became  fully  developed  and  consoli- 
dated in  England  under  its  Norman  Kings,  gave  its 
own  coloring  and  imparted  its  own  features  to  the 
manor  land-system  of  the  England  of  the  Saxons. 

The  impression  is  very  common,  especially  in 
America,  that  the  Manor  system  is  purely  of  feudal 
origin.  Writers  who  have  referred  to  the  New  York 
manors,  as  u  rule,  describe  them  as  the  same  as  the 


>  Maine  VIII.  Com.  121.'),  nnil  I4«. 
•  II.  ClirUlliiu'a  IlkcktluUH,  IK). 


<  lllal.  Ina.  120. 


feudal  manors  of  England.  Not  aware  that  manors 
have  vot  been  created  in  England  since  1290,  not 
aware  ihat  the  law  of  England  at  the  time  of  the 
wrestin*  of  New  Netherland  from  the  Dutch,  pro/M- 
iled  I  he  t.vUtence  in  the  New  l^ocince  of  Neiv  York  of 
feudal  Mtinorf,  they  have  indulged,  and  do  indulge, 
in  a  gret.t  deal  of  fine,  and  sometimes  indignant, 
writing  on  this  subject,  which  had,  and  has,  no  real 
basis  whatever. 

The  wort'  '  Manor '  is  an  English  corruption  of  the 
French  word,  ' Manoir,'  a  habitation,  or  inausiou,  in 
which  the  t  wner  of  laud  dwelt  permanently ;  and 
that  is  derived  from  the  Latin  verb '  Maneo,'  to  remain, 
to  abide  in  a  nlace,  to  dwell  there.  In  Latin  a  Manor 
was  termed  '  rJanerium'  which  signifies  the  same  us 
the  French  '  Manoir.'  It  has,  however,  been  stated 
to  be  a  synonym  of  '  Mnnurium,'  because  it  was 
labored  by  hardy  work,*  '  Muniis '  being  the  Latin 
for 'hand;'  bul  this  signiticatiou  is  very  doubtful. 
Ellis  in  his  int.'oduction  to  Domesday  Book,  the 
Great  Survey  of  the  Lands  of  England  made  by  order 
of  William  the  Conqueror,'  says,  that  the  earliest  ap- 
pearance of  the  word  Manor  in  England  was  in  the 
reign  of  EJward  the  Confessor  who  was  fond  of  in- 
troducing Norman  language  and  customs. 

In  that  famous  survey  the  words  '  mansio,"  villa,' 
and  '  maneriuiu,'  are  synonymous.  "  The  conquest," 
Mr.  Digby  states,  probably  wrought  but  little  change 
in  the  relation  of  Saxon  supreme  laud  owners,  or 
lords  of  districts,  and  the  tenants  holding  small  par- 
cels of  land  under  them.  "  A  Norman  lord  might  be 
substituted  for  a  Saxon,  but  the  dues  and  services 
would  substantially  continue  the  same.  .  .  .  After 
the  Comiuest,  England  is  [Ibuiul]  parcelled  out  into 
manors  varying  greatly  in  size,  having,  as  a  rule, 
fixed  boundaric.><,  ofteu  coinciding,  as  is  .still  the  case 
at  the  present  day,  with  the  boundaries  of  the  j)arish. 
In  some  Ciues  manors  were  diminished  or  addtil  to, 
and  new  ones  created.  Probubly  however  there  was 
no  great  addition  after  the  Concpiest  to  the  uumber  ot 
Manors." "  In  the  roignu  of  iho  later  Saxon  Kings, 
those  subsequent  to  Allrtd,  the  English  Commis- 
sioners on  the  Law  of  Ileial  Pro|)erty  tell  us,  "that 
portions  of  the  royal  domains,  with  jurisdiction  were 
granted,  and  atlerwards  jurisdiction  was  granted 
although  the  land  might  nevor  have  belonged  to  the 
King.  The  objects  of  these  grants  were  lay  favoritts 
or  monastic  houses,  and  the  ojieration  of  them  was  to 
invest  the  grantees  with  the  power  of  judging  the 
people  dwelling  in  their  territory.  The  courts  Ibr 
this  pur|)f)se  were  framed  after  the  ordinary  model. 
The  lord  or  a  deputy  presided,  and  the  tenants  and 
suitors  formed  the  jury.  They  were  commonly  held 
in  the  hall  of  the  lord's  hou.sc,  and  were  thence  called 
Hallmotes."  The  words  which  granted  this  jurisdic- 
tion "  were  laca,  soca,  and  fheime,  of  which  one  of  the 


«Tomllu>,  &18.  Tuwer'a  Law  Diet.  ' 
».  1'.  2^. 


Maiiun." 

•  DlgbyS4,3S. 


THE  ORIGIN  AND  HISTORY  OF  THE  MANORS. 


87 


1  iws  supplies  us  with  the  interpretation.  Saca,  meant 
tiie  privilege  of  administering  justice  locally ;  soca, 
the  territory  or  franchise  in  which  the  privilege 
was  to  be  exercised  ;  theime,'  the  seignorial  jurisdic- 
tion." "It  will  be  obvious  to  every  one's  miud  that 
this  species  of  local  and  private  jurisdiction  is  what  we 
now  call  a  Manor.  The  substance  of  a  manor  is 
therefore  justly  said  by  Mr.  Ellis  to  be  as  ancient  as 
the  Saxon  constitution;  and  the  lord  having  soc  and 
sac  over  his  own  men,  and  the  baron  holding  his 
own  court  for  his  own  men,  were  the  same  characters 
a«  were  afterwards  termed  lord-*  of  Manors.  The 
word  manor  was  not  however  applied  in  pure  Saxon 
times ;  nor  perhaps  were  all  the  laws  and  usages  such 
as  we  now  have  them."  ' 

The  ancient  manor  as  it  became  consolidated  in  the 
eleventh  and  twelfth  centuries  is  thus  defined  and  de- 
scribed by  that  "  reverend  Judge  eminently  knowing 
in  the  common  and  statute  law,  William  Rnstall  "'  in 
his  faraoui  book  on  the  Terms  of  the  Law: — "Mannor 
is  compounded  of  divers  things ;  as  of  a  House,  Ara- 
ble Land,  Pasture,  Meadow,  Wood,  Rent,  Advowson, 
Court's  Baron,  and  such  like  which  make  a  Mannor. 
And  this  ought  to  be  by  long  continuance  of  time, 
the  contrary  whereof  man's  memory  cannot  discern  ; 
for  at  this  day  a  Mannor  cannot  be  made  because 
a  Court-Baron  cannot  be  made,  and  a  Mannor 
cannot  be  without  a  Court-Bnron  and  Suitors  and 
Freeholders,  two  at  the  least;  for  if  all  the  Freeholds 
except  one  escheat  to  the  Lord,  or  if  he  purchase  all 
except  one,  there  his  Mannor  is  gone,  for  that  it  can- 
not be  a  Mannor  without  a  Court  Baron  (as  is  afore- 
said) and  a  Court-Baron  cannot  be  holden  but  before 
Suitors,  and  not  before  one  Suitor;  and  therefore 
where  but  one  Freehold  or  Freeholder  is,  there  can- 
not be  a  Mannor  properly,  although  in  common  speech 
it  may  be  so  called. 

Mansion  (Mansio)  is  most  commonly  taken  for  the 
Chief  Messuage  or  habitation  of  the  Lord  of  a  Man- 
nor, the  Mannor-House  where  he  doth  most  reside, 
his  Capital  Mes-tuage  as  it  is  called  ;  of  which  the  wife 
by  the  Statute  of  Magna  Charta,  chapter  7.  shall  have 
her  (Quarantine."  * 

It  will  be  noticed  that  in  this  description  the  Court- 
Lcet  is  not  mentioned.  This  is  because,  though  it  ex- 
isted in  every  Manor,  it  was  not  of  its  essence  as  the 
Court-Baron  was.  The  Court-Leet  was  a  SheriH^'s 
court  and  had  cognizance  only  of  offences  against  the 
King,  or  the  King's  peace,  below  the  degree  of  high 
treason. 

The  Manors  of  New  York,  In  consequence  of  their 
having  been  erected  after  the  statute  of  Charles  11. 
(12  Charles  II.,  ch.  24,  Anno  1()60)  abolishing  the 


■Thin  wonl  In  no  apelloil  in  till' Ituporl,  but  It  lr<  npi'llol  'ThuHiii'  nr 
'Team,'  by  SirlleDr)'  Ellla  In  tli«  "  Inlruductiun  tu  I>uniimlu)',"  vul.  I. 
|>.  27A. 

>  Fourth  Roport  of  Commlalonora,  Appeudix,  p.  106, 

•  roki-'spn-fiioe  111  Ills  Kith  rr>pi>ii. 
;   <  Teruia  uf  the  Law  itKI,  ed.  uf  1086. 


military  tenures  and  turning  them  into  free  and  com- 
mon soccage,  never  possessed,  nor  were  their  lords 
ever  invested  with,  the  powers,  privileges,  rights, 
duties,  and  burdens  of  the  old  feudal  manors  of  Eng- 
land as  thus  described.  It  is  owing  to  ignorance  of 
this  fact,  or  the  concealment  of  it,  as  the  case  may  be, 
that  so  much  misconception  has  been  generated  in  the 
popular  mind,  by  some  writers,  and  also  by  some  law- 
yers and  men  in  public  life,  who  in  the  recent  past 
sought  political  preferment,  or  i)rivate  gain,  in 
relation  to  the  manors  of  New  York,  their  ten- 
ants, and  their  owners.  As  to  the  latter  a  curious 
error  has  obtained  credence.  We  often,  at  this  day, 
see  them  written  of,  and  hear  them  spoken  of,  as 
Nobles.  "  Lord  Philipse  "  and  "  Lord  Pell  "  are  fa- 
miliar examples  of  this  ridiculous  blunder  in  West - 
cheater  County.  No  grant  of  a  feudal  manor  in  Eng- 
land at  any  time  from  their  first  introduction  ever 
carried  with  it  a  title,"  and  much  less  did  any  grant  of 
a  New  York  freehold  manor  ever  do  so.  Both  re- 
lated to  land  only.  The  term  Lord  of  a  Manor  is  a 
technical  one,  and  means  simply  the  owner, — the  pos- 
seisor, — of  a  manor,  nothing  more.  Its  use  as  a  title 
is  simply  a  work  of  intense,  or  ignorant,  re]niblican 
provincialism.  "Lord"  as  a  prefix  to  a  manor 
owner's  name  was  never  used  in  England,  nor  in  the 
Province  of  New  York." 

The  origin,  nature,  existence  and  continuance  ot 
the  Manors  of  New  York,  and  the  reason  why  they 
could  be  erected  by  the  English  Sovereigns  here,  when 
those  Sovereigns  could  not  do  so  in  England  since 
1690,  was  so  fully,  thoroughly  and  learnedly  set 
forth,  more  than  thirty  years  ago,  in  an  opinion  by 
one  of  the  greatest  chief  justices  who  ever  graced  the 
State  of  New  York,  that  no  apology  is  necessary  for 
giving  it  in  his  own  Iangua,';o:  "The  grantees  are 
authorized  in  terms  to  hold  a  court-leet  and  a  court- 
baron,  to  award  fines,  have  the  customary  writs,  etc., 
to  have  the  waifs  and  estrays,  deodands,  etc.,  and  the 
patronage  of  any  churches  to  be  erected  on  the  tract; 
and  the  freeholders  of  the  manor  are  empowered  to 
elect  a  representative  to  sit  in  the  General  Assembly 
in  the  Province  of  New  York.  [ Tnit  '* privi/i'f/e"  toaa 
granted  onlij  to  the  three  manors  of  Cnrtlandt,  Living*- 
rion  ami  llenmdnernuyyck,  nnd  the  Borov</h  towns  of 
West  Chester  and  Srhenerladi/I.  There  is  nothing  in 
the  patent  which  in  terms  empowers  the  patentees  to 
grant  lands  to  be  holden  of  themselves,  [and  all  the 
manors  were  alike  in  this  res])ect'],  but  it  is  argued  that 
the  erection  of  a  manor  and  the  authority  to  hold  the 
courts  mentioned,  which,  according  to  English  law, 
are  manor  courts,  necessarily  implies  the  jjower  to 
create  suitors,  who  must  of  necessity  be  tenants,  hold- 
ing of  the  proprietor  of  the  manor,  owing  him  suit 


'  In  France  tlila  wiu  ilKTorent.  Hnnjr  nulgnoriei  than  illd  carry  with 
theni  till'  right  tii  a  tillo,  hut  It  waa  not  the  chw  with  nil. 

"The  .Sovi'ri'lgn  nloiio  la  the  '  aoorcc"  of  honor  "  In  EnKlnnil,  and  tho 
aoh*  iiower  thnt  can,  or  ovor  could,  gnint  a  title,  or  confer  nobility, 
uudor  Kugliah  law. 


88 


HISTORY  OF  WESTCHESTER  COUNTY. 


and  service.  This,  it  ia  said,  is  a  violation  of  the  sta- 
tute called  quia  emptoreH  terrarum,  )>a8sed  in  the  eight- 
eenth year  of  Edward  the  First,  {^Anno  1290).  This 
statute,  after  reciting  that  the  feudal  tenants  have  sold 
their  lauds  to  be  holden  in  fee  of  themselves,  instead 
of  the  chief  lord  of  the  fee,  whereby  those  lords  have 
lost  their  escheats  and  other  feudal  perquisites  to  their 
"  manifest  disinheritance,"  enacts  that  "  forever  here- 
after it  shall  be  lawful  to  every  freeman  to  sell  at  his 
own  pleasure  his  lands  or  tenementii,  or  part  thereof, 
80  ueverthless  that  the  feofl'ee  [Ihe  grantee],  shall 
hold  the  same  lands  or  tenements  of  the  same  chief 
lord  of  the  f <  •  and  by  the  same  services  or  customs  as 
his  feoft'or  lyrantur'],  held  them  before.  A  second 
chapter  provides  for  an  apportionment  of  the  services 
in  case  of  a  sale  of  a  p.-vrt  of  the  land  out  of  which 
they  issued.     (Coke,  2  Inst.  500.) 

"The  freedom  of  alienation  thus  conferred  upon 
the  military  tenants,  was  undoubtedly  a  very  material 
amelioration  of  the  feudal  system,  but  at  the  same 
time  the  main  object  of  the  statute  would  seem  to 
have  been  to  secure  to  the  great  barons  their  proAts 
arising  out  of  these  tenures.  It  is  stated  in  the  sta- 
tute itself  that  it  was  ordained  "at  the  instance  of  the 
great  men  of  the  realm,"  and  it  was  clearly  for  their  pro- 
tection, though  incidentally,  and  probably  by  its  unfore- 
seen operation,  proved  a  relief  to  the  inferior  tenants. 
I'he  evil  waa  that  the  chief  lords  were  defrauded  of 
the  fruits  of  their  tenures,  and  the  remedy  provided 
was,  that  every  tenant,  however  remote,  should  re- 
main the  debtor  of  the  chief  lord  instead  of  his  im- 
mediate feoffor  [granfoi"]  for  the  services  incident  to 
the  tenure.  But  as  one  may  generally  waive  an  ad- 
vantage secured  to  himself,  so  it  was  held  that  the 
chief  lord  might  forego  the  benefit  of  the  statute  by 
authorizing  his  tenant  to  make  a  subinfeudation,  that 
is,  grant  lauds  to  be  holdeu  of  himself;  but  this  could 
not  be  done  by  a  mesne  (middle)  lord  on  account  of 
the  interest  of  his  superiors. 

...  As  the  King  is  lord  paramount  in  all  feudal  ten- 
ures, uo  subject,  since  the  statute,  can,  by  his  own 
authority,  create  a  manor ;  and  as  in  England,  all  the 
land  was  granted  at,  or  soon  after  the  Conquest,  it  fol- 
lows that  English  Manors  must  have  their  origin  prior 
to  (this  statute)  the  eighteenth  of  Edward  first  (Anno 
12'JO).  But  as  the  King  does  not  hold  of  any  superior 
he  may  grant  land  to  be  holden  of  himself,  "  for,"  says 
Coke,  "hereby  no  man  is  restrained,  but  he  which 
holds  over  of  some  lord,  and  the  King  holds  of  none ' 
(2  Inst.  67).  Therefore,  if  there  are  crown  lands  in 
England  at  this  day  which  have  never  been  granted 
to  a  subject,  they  n\ay,  without  doubt,  be  erected  into 
royal  manors.  And  cannot  the  King  grant  to  his  im- 
mediate tenant  the  right  to  make  grants  to  be  held  of 
himself,  the  tenant,  since  thus  there  would  be  tiie  as- 
sent of  all  the  lords,  nieiliate  and  immediate.  The 
King's  tenants  in  capite  could  not  nntke  such  grants 
before  the  statute  quia  cmptores  without  his  consent. 
This  was  by  force  of  the  King's  prerogative,  and  was 


an  exception  to  the  general  rule,  which  permitted 
subinfeudations  by  all  lords  except  the  tenants  in 
capite.  But  I  think  that  as  well  since,  as  before,  the 
statute,  the  King  could  license  his  immediate  tenant 
to  alien  to  hold  of  himself  the  tenant." 

After  citing  iid  quoting  several  authorities  to  this 
effect  he  continues,  "  Assuming  the  law  to  be  as  in 
these  authorities  stated,  and  assuming  further  that 
the  grant  of  a  manor  and  the  right  to  hold  manor 
courts  ex  vi  termini  implied  an  authority  in  the  paten- 
tees to  create  manor  tenants  by  means  of  grants  re- 
serving services  to  themselves,  it  still  seems  clear  that 
the  patents  {the  manor  grants)  were  no  violation  of 
the  statute  referred  to.  The  patent  so  construed  was 
itself  a  license  to  the  patentee  to  make  grants  to  hold 
of  himself.  On  the  making  of  such  grants  the  paten- 
tees became  the  mesne  lords,  holding  of  the  King,  and 
the  grantees  of  the  patentees  Were  the  tenants  para- 
vail  (  so  called  because  I  hey  have  the  avails  or  profits  of 
the  land),  huUws:  by  license  from  the  King  as  lord 
paramount,  of  hair  immediate  lords  the  patentees. 
The  statute  would  prevent  any  further  subinfeuda- 
tions, by  the  freeholdei-s  holding  under  the  patentees, 
unless,  indeed,  the  King  and  patentees  should  both 
consent. 

"That  this  was  the  underetanding  of  the  crown 
lawyers  who  prepared  the  patents  for  lands  in  the 
Colonies,  is  evident  from  the  terms  of  several  Colonial 
grants.  The  charter  of  Pennsylvania  empowered 
Penn,  the  patentee,  to  erect  manors  and  to  alien  and 
grant  parts  of  the  lands  to  such  purchasers  as  might 
wish  to  purchase,  "  their  heirs  and  assigns,  to  be  htld 
of  the  said  William  I'enn,  his  heirs  and  assigns,  by 
such  services,  customs  and  rents  as  should  seem  fit 
to  the  said  William  Penn,  etc..  and  7iot  immediately 
of  the  said  Kini/  Charles,  his  heirs  or  successors,"  not- 
withstanding the  statute  of  quia  emptoret  (I.  Wheaton 
348 ;  9  Wheaton  250).  .  .  . 

"The  records  of  some  ten  or  twelve  patents  exist  in 
the  oflice  of  the  Secretary  of  State,  issued  resi)ectively 
in  the  reigns  of  James  II.,  William  and  Mary,  Anne, 
and  George  I.,  and  the  earlier  government  of  the 
Duke  of  York  [iimuni)  which  arc  those  of  Scarsdale, 
I'hilipsburtjh,  Fordham,  I'dhnm,  Cortlaiidt,  and  Mor- 
risania,  in  Wcs'chester  County'],  with  powers  re- 
specting a  manor  and  Manor  Courts  sii".ilar  to  those 
under  consideration  [the  English  manor  grants  of 
Rensselaer swyck];  and  the  proprietary  charters  of  sev- 
eral of  the  Colonies  authorize  grants  to  be  made  to 
hold  of  the  proprietaries.  If  the  statute  against  sub- 
infeudations was  in  force  in  the  CDlonies,  these  pro- 
prietary grants  were  as  much  violations  of  its  pro- 
visions as  the  grants  in  question  or  any  other  grants 
fmni  the  King.  The  practice  of  making  such  grants 
for  a  long  course  of  years  is  pretty  strong  evidence 
that  the  statute  was  never  understood  to  apply  to  the 
King.  .  .  .  The  geueral  expressions  of  writers  and 
judges  to  the  effect  that  nuuiors  cannot  have  a  com- 
mencement since  the  statute  of  Edward  [in  the  year 


TUK  OllKJIN  AND  HISTORY  OF  THE  MANORS. 


89 


1290]  is  (juite  correct,  if  we  add  the  reason,  which  is 
always  understood,  viz.,  that  all  the  lands  in  England 
are  already  in  tenure,  and  subinfeudations  are  forbid- 
den by  the  statute.  The  remark  was  never  appli- 
cable to  the  ungranted  crown  lands  in  the  ColonieH, 
upon  which  the  statute,  I  think,  never  had  any,  or 
only  a  qualified,  bearing.'  I  have  considered  this 
question  as  though  the  statute  was  in  force,  and  con- 
trolled the  tenures  in  this  Colony  (New  York)  in  any 
case  to  which  in  England  it  Tuiglit  be  applicable  ;  and 
I  do  not  think  it  material  to  deny  the  proposition, 
though  it  has  been  (juestioned  by  respectable  authority. 
Whether  it  was  generally  in  force  or  not,  it  did  not, 
in  my  opinion,  apply  to  the  ungranted  crown  lands ; 
and  in  respect  to  these,  the  King,  I  think,  was  com- 
petent to  authorize  his  iniiucdiate  grantees  to  create 
tenants  of  a  freehold  manor  by  granting  lands  to  be 
held  of  themselves. 

"It  will  not  be  supposed  that  all  the  vexatious  inci- 
dents of  the  feudal  tenures  were  engrafted  ujjon  these 
Manor  lands  (in  New  Yiirk).  If  the  feudal  system 
ever  prevailed  in  the  American  Colonies,  it  had  been 
shorn  of  its  most  severe  features  before  either  of  the 
grants  in  (juestion  [or  aiiij  other  of  the  Manur  i/rnnts 
in  Xew  Yorf:'}  was  made,  by  the  Statute  12  Charles 
II.,  cli.  24  (Anno  1660),  which  abolished  the  peculiar 
incidents  of  the  military  tenures,  and  changed  them 
whether  holden  of  the  King  or  otliers,  into  free  and 
common  socage;  and  which  was  re-enacted  in  this 
State  soon  after  the  Revolution  with  a  retrospect  to  the 
time  of  the  passage  of  the  English  statute  I.  (ireen- 
leaf,  359,  p.  2." 

The  case  in  which  the  foregoing  opinion  was  de- 
livered was  the  famous  one  of  the  People  against  Van 
Rensselaer  instituted  by  the  Attorney-General  of  this 
State  expressly  to  test  the  validity  of  manorial  grants 
and  privileges  in  the  former  province  of  New  York, 
reported  in  5  Selden  291.  It  was  decided  by  the 
Court  of  Appeals  unanimotuly  in  favor  of  the  de- 
fendant Mr.  Van  Rensselaer,  in  18r);{,  the  decision 
being,  that  "  Royal  letters  patent  gninting  lands  in 
the  province  of  New  York  are  not  void  by  reason  of 
their  conferring  manorial  privileges  and  franchises 
U])on  the  patentees." 

These  "privileges  and  franchises"  are  set  forth  at 
length  in  every  Manor  Grant,  being  such  incidents  of 
the  Grant  as  the  Crown  chose  to  express  in  the 
instrument  itself,  and  saw  fit  to  bestow  upon  the 
grantee  therein  named. 

These  privileges  and  franchises  of  "the  Freehold 
Manors  of  New  York  "  as  Chief  Justice  Denio  styles 
them,  were,  in  his  words,"  "  free  from  the  vexatious 
incidents  of  the  feudal  tenures.  And  he  furtlier  says 
"the  feudal  system,  which  if  it  ever  prevailed  in  the 
American  colonies,  had  been  shorn  of  its  most  severe 


■Chief  Justice  Aiiibroao  Spencer,  nald  ftroni  the  bench  thut  the  ■tntiite 
111  cnu'Sllon  mvcr  HpiillcJ  to  the  Aniorlcaii  Coluiiloe.  IH  Johuiun 
p.  18(>. 

7 


feature  before  either  of  the  grants  in  question,  [or  any 
other  of  the  Manor  grants  in  New  York'\  was  made,  by 
the  statute  of  Charles  II.  ch.  24,  which  [in  KJOO]  abol- 
ished the  Military  tenures  and  changed  them  into  free 
aud  common  socage."  This  tenure  as  we  have  seen  is 
purely  allodial,  save  only  in  the  fealty  <lue  the  King  as 
the  ultimate  lord  of  all  the  land  of  the  realm.  It  was 
formally,  as  has  previously  been  stated,  declared  by 
the  Provincial  Act  of  1691  to  be  the  tenure  of  lands 
in  the  Province  of  New  York.  No  change  was  made 
or  ertected  by  the  American  Revolution,  except  that  the 
Independent  Sovereign  State  of  New  York  succeeded 
to  the  position  of  the  King  as  ultimately  entitled  to  all 
the  land  within  its  borders.  On  the  20th  of  February 
1787,  before  the  United  States  had  an  existence,  before 
the  Convention  of  Independent  States  out  of  which 
this  Union  proceeded,  had  been  chosen,  and  two 
years  and  twelve  days  before  the  Constitution  of  the 
United  States  formed  by  that  convention  went  into 
etl'ect,  the  Legislature  of  the  State  of  New  York,  passed 
an  "Act  concerning  Tenures '"  of  a  remarkable  charac- 
ter. It  would  take  too  long  to  give  its  genesis  here,  in- 
teresting as  it  would  be.  It  was  passeil  ten  yeare  after 
the  formation  of  the  Constitution  of  the  State.  Its 
first  section  (there  are  six  altogether)  establishes 
and  admits  Manor  grants,  but  calls  the  Lord  of  a 
Manor  "the  (^lief  Lord."  It  is  as  follows:  "lie  it 
Enacted  III/ the  People  of  the  State  of  New  York,  rep- 
resented ill  Senate  and  Assembly,  and  it  is  hereby 
Enacted  by  Authority  of  the  same,  That  it  shall  for- 
ever hereafter  be  lawful  for  every  Freeholder  to  give, 
sell,,  or  alien  the  Lands  and  Tenements  whereof  he  or 
she  is,  or  at  any  time  hereafter  shall  be  seized  in  Fee 
Simple,  or  any  Part  thereof,  at  his  or  her  Pleasure,  so 
always  that  the  Purchaser  shall  hold  the  Lands  or 
Tenements,  so  given,  sold  or  aliened,  of  the  Chief 
Lord,  if  there  be  I'.ny,  of  the  same  Fee,  by  the  Same 
Services  and  Customs  by  which  the  Person  or  Per- 
sons, making  such  Gift,  Sale  or  Alienation,  before 
held  the  same  Lands  or  Tenements. 

And  if  such  Frteholder  give,  sell  or  alien  only  a 
Part  of  such  Lands  or  Tenements  to  any,  the  Feotl'ee 
or  Alienee  shall  immediately  hold  such  Part  of  the 
Chief  Lord,  and  shall  be  forthwith  charged  with  the 
Services  for  so  much  as  pertaineth,  or  ought  to  per- 
tain, to  the  said  (/hief  Lord,  for  the  same  Parcel,  ac- 
cording to  the  (Quantity  of  Land  or  Tenement  given, 
sold  or  aliened,  for  the  Parcel  of  the  Service  so  due." 
The  second,  third,  fourth  and  firth  sections  practically 
re-enact  the  statute  of  Charles  II.  abolishing  military 
tenures,  the  fifth  being  in  these  words,  "  Provided 
always,  and  be  it  further  enacted  by  the  Authority  afore- 
said, That  this  Act,  or  any  Thing  herein  contained, 
shall  not  take  away,  nor  be  construed  to  take  away  or 
discharge,  any  Rentscertain,  or  other  Services  incident 
or  belonging  to  Tenure  in  common  Soccage,  due  or  to 
grow  due  to  the  People  of  tliis  Stale,  or  any  mesne 
[middle]  Lord,  or  other  Private  Person,  or  the  Fealty 
or  Distresses  incident  thereto."    The  Sixth  and  final 


90 


HISTORY  OF  WESTCHESTER  COUNTY, 


aection  enacts  "That  the  Tenure  upon  all  Gifts, 
Grants,  and  Conveyances  heretofore  made,  or  here- 
tifUiv  to  be  made,  of  any  Manors,  Lands,  Tenements, 
or  Hereditaments,  of  any  Eslnto  of  Inheritance,  by 
any  Letters  Patent  under  the(rreat  Sfeal  of  this  State, 
or  in  any  other  Manner,  by  the  People  of  this  State, 
or  by  the  Commissioners  of  Forfeitures,  shall  be  and 
remain  Allodial,  and  not  Feudal,  and  shall  forever 
hereafter  be  taken  and  adjudged  to  be,  and  to  con- 
tinue in  free  and  pure  Allodium  only." 

The  Statute  of  Charles  seems  to  have  been  re- 
enacted,  out  of  pure  caution  only,  for  its  provisions 
had  been  the  law  of  the  Province  and  the  State  from 
the  Dutch  surrender  to  the  time  this  statute  was 
piissed.  It  was  pure  surplusage.  But  why  the  first 
section  was  enacted  is  by  no  means  clear.  The  act 
certainly  confirms  the  free  socage  tenure  of  all  lands 
in  New  York,  does  away  with  every  other  tenure  and 
its  incidents,  except  the  fealty  to  the  State  and  to 
"  the  Chief  Lord  "  in  the  first  section  stated.  While 
the  last  section  declares  the  Socage  tenure  ])urely 
allodial  in  so  many  words.  It  thus  actually  re-enacted 
the  entire  English  Provincial  sj-stem  of  land  tenure, 
including  the  manor  system  as  the  State  land  system 
of  New  York. 

Under  this  act  the  State  law  as  to  tenures  remained 
without  change  from  its  enactment  in  1787  to  the 
year  1830,  when  the  Revised  Statutes  went  into  elfect 
which  declare  that  all  lands  since  that  date  are  allo- 
dial and  abolish  all  incidents  of  the  socage  tenure, 
and,  the  tenure  itself,  using  the  word  '  feudal '  to  ex- 
press it,  preserving,  however,  all  rights  under  the  same 
as  they  had  previously  existed.  The  "Tenure  of  Real 
Projjerty  "  is  thus  stated. 

I  L  The  People  of  this  State,  in  their  right  of  sov- 
ereignty, are  deemed  to  possess  the  original  and  abso- 
lute property  in  and  to  all  lands  within  the  jurisdic- 
tion of  this  State;  and  all  lands,  the  title  to  which 
shall  fail  from  a  defect  of  heirs,  shall  revert  or  escheat 
to  the  people. 

^  3.  All  lands  within  this  State  are  declared  to  be 
allodial,  so  that  subject  only  to  the  liability  to  escheat, 
the  entire  and  absolute  property  is  vested  in  the  own- 
ers, according  to  the  nature  of  their  respective  estates; 
and  all  feudal  tenures  of  every  description,  with  all 
their  incidents,  are  abolished. 

S  4.  The  abolition  of  tenures  shall  not  take  away 
or  discharge  any  rents  or  sei  .-iees  certain,  which  at 
any  time  heretofore  have  been,  or  may  hereafter  be, 
created  or  reserved ;  nor  shall  it  be  construed  to  atfect 
to  change  the  powers  or  jurisdiction  of  any  Court  of 
Justice  in  this  State.' 

From  and  after  1830,  therefore,  the  land  tenure  of  j 
New  York  has  been  and  continues  to  be  purely  allodial. 
The  vested  rights  and  incidents  of  the  former  socage 
tenures  were  preserveil,  but  the  erection  of  any  other 
tenure  than  a  pure  allodial  one  is  forbidden. 

I II.  B.  »„  Part  IT.    TiUe  I,  p.  T18,  flnt  ed. 


The  State  has  thus  after  the  lapse  of  centuries  re- 
turned to  the  free  and  just  '  alod  '  of  the  earliest  Saxon 
days  of  England. 

The  nature  of  the  old  Feudal  Manors,  and  the  dif- 
ference from  them  of  the  Freehold  Manors  of  the 
seventeenth  and  eighteenth  centuries  in  New  Y'ork 
having  been  shown,  the  incidents,  franchises  and 
))rivileges  of  the  latter  next  demand  attention. 

10. 

The  Franchises,  PrivikgeK,  and  Incidents,  of  Manors 
in  the  Proeince  of  New  York,  and  in  the  County 
of  Westchester,  and  the  Parishes  in  the  latter. 
The  erection  of 'Manors 'by  the  English  in  New 
York,  like  the  previous  creation  of '  Patroonships,'  by 
the  Dutch  in  the  same  Province,  was  simply  the  es- 
tablishment and  carrying  out,  of  what  they  deemed 
the  best  method  of  promoting  the  growth  and  de- 
velopment of  their  new  possession  under  their  own 
laws  and  customs.  To  the  same  idea  is  due  the  grant- 
ing therein  of  similar  large  tracts  of  land  which  were 
not  manors.  The  latter,  the  '  Great  Patents,'  as  they 
were  called,  were  usually  granted  to  several  grantees. 
The  Manors  were  necessarily  granted  to  one  only. 
The  franchises,  privileges,  and  other  valuable  inci- 
dents, which  tiie  Manors  possessed,  and  which  the 
Great  Patents  did  not  ])0sscss,  were  much  fewer  than 
is  generally  supposed.  The  term  '  feudal,'  popularly 
applied  to  the  former,  has  caused  much  misconcep- 
tion. The  tenure  of  both  classes  of  these  crown  grants 
was  precisely  the  same,  being  "  in  free  and  com- 
mon socage  as  of  the  Manor  of  East  (ireenwich  in  the 
county  of  Kent,"  which  has  been  already  explained. 
The  greatest  difl'erence  between  them  lay  in  the  pe- 
culiar |)ublic  incidents,  as  they  may  be  called,  which 
constituteil  a  Manor,  incidents  essential  to  its  exist- 
ence, and  which  related  more  to  the  government  and 
good  order  of  the  territory  of  the  Manor  and  the  pro- 
tection of  the  inhabitants,  and  their  rights  as  English- 
men, than  to  the  power  and  profit  of  the  Lord.  Tenants 
could,  and  did,  take  up  lands  under  the  grantees  of  the 
Great  Patents,  as  well  as  under  the  Lords  of  the 
Manors.  The  former  could,  and  did,  settle  people 
upon  their  Patents  under  leases,  as  well  as  deeds  in 
fee.  just  as  the  latter  did  upon  their  Manors.  Both 
cla.sses  of  Proprietors  sold  in  fee,  or  granted  on  leases 
ofdifterent  kinds,  just  as  their  interests  or  wishes 
dictated.  The  Great  Patents,  their  grantees,  and  the 
inhabitants  upon  them,  were  subject,  in  general  and 
local  matters,  to  whatever  public  territorial  divisions 
of  the  Province  embraced  them,  and  the  laws  in  force 
therein.  The  Manors,  their  Lords,  and  their  inhabit- 
ants, whether  tenants,  or  holders  in  fee  simple  of 
manor  lands  by  i)urchase  from  the  Lords,  were  sub- 
ject only  to  the  jurisdiction  and  courts  of  the  Manors 
in  local  matters.  Both,  in  all  matters  not  local,  were 
governed  by  the  laws,  courts,  and  the  civil  and 
military  authorities,  of  the  county  and  of  the  Prov- 
ince. 


THE   ORIGIN   AND   IILSTURY  OF  THE   MANORS. 


!U 


There  were  in  the  county  of  Westchester  Six 
Miiiiors,  which  together  comprised  by  far  the  lurgest 
part  of  its  area.  The  (ireut  Patents  were  much  more 
numerous,  but  together  not  so  extensive  in  area. 
TiiCMC  latter  and  the  IJorough-Town  of  Westcliester, 
with  a  few  small  original  grants,  formed  the  rest  of 
the  county  as  it  was  originally.  The  lower  part  of  the 
'•  Equivalent  lands  "  or  "  The  Oblong,"  received  in  set- 
tlement of  a  boundary  dispute  from  the  colony  of  Con- 
necticut was  not  added  to  the  county  till  the  year 
1731,  and  this  too,  was  then  embraced  in  a  single 
Oreat  Patent. 

The  Manors  were  those  of  "  Coiilandf,"  "  Scarsdale," 
"Pelluim,"  "  Morrisania,"  "  Fordham,"  and  "  Philijtse- 
buroiii/h,"  or  as  it  was,  and  is,  usually  written  and  pro- 
nounced "  Philipseburgh."  Of  these,  Cortlandt,  and 
Philipseburgh,  were  much  the  largest.  It  will  give  a 
correct  idea  of  the  great  extent  and  thoroughness  of 
the  manorial  settlement  of  Westchester  county,  as  well 
as  the  satisfactory  nature  of  that  method  of  settlement 
to  its  inhabitants,  although  a  surprise,  probably,  to 
many  readers,  when  it  is  stated  that  in  the  year  1769, 
oae-third  of  the  population  of  the  county  lived  on  the 
two  Manors  of  Cortlandt  and  Philipseburgh  alone. 
The  Manors  of  Fordham,  Morrisania,  Pel  ham  and 
Scarsdale,  lying  nearer  to  tli  ity  of  New  York,  than 
these  two,  and  more  accessib.  ban  either,  save  only 
the  lower  end  of  Philipsburgh,  were,  if  any  thing,  much 
more  settled.  It  is  safe  to  say  that  upwards  of  five- 
eighths  of  the  people  of  Westchester  County  in  1709 
were  inhabitants  of  the  six  manors  that  have  been 
named.  As  the  people  upon  the  manors  were  iree  of 
general  jury  duty  the  fact  threw  upon  the  rest  of  the 
county  an  increased  burden.  The  ' Burgess'  (or  Rep- 
resentative) of  the  "Borough  of  Westchester"  in  the 
Assembly  in  1769,  was  John  de  Lancey  of  Uosehill, 
Westfarms,  of  the  second,  or  Westfarms,  branch  of 
that  family,  being  the  second  son  of  Peter  de  Lancey 
of  Rosehill,  Westfarms,  and  his  wife  Elizabeth,  the 
daughter  of  Governor  Cadwallader  Colden.  lie  at- 
tempted the  relief  of  the  non-manorial  inhabitants  of 
tilt!  county  and  brought  this  nuitter  before  the  As- 
sembly in  this  speech,  from  which  we  learn  the  fact 
above-mentioned, — 

"  Mr.  Speaker, — As  the  qualification  required  by 
the  act  for  returning  able  and  suflicient  jurors  in  the 
several  counties  of  this  colony,  entirely  dis(iualifies 
all  the  tenants  settled  upon  the  Manor  of  Philips- 
burgh, and  great  part  of  those  settled  upon  the  Manor 
of  Cortlandt,  in  the  county  of  Westchester,  from  serv- 
ing upon  juries  which  makes  thatservice  extremely 
hard  upon  th(  itlier  parts  of  the  county  (the  Manors 
of  Philipsl)urgli  and  Cortlandt,  containing  at  least  one- 
third  of  all  the  inhabitants  of  the  said  county) ;  I  there- 
fore move  for  leave  to  bring  in  a  bill,  to  enable  and 
<iualify  the  tenants  holding  lands  improvedof  the  value 
of  sixty  pounds(!i<150),  either  for  years,  or  at  will,  within 
the  Manors  aforesaid  to  serve  upon  juries  within  the 
said  county  of  Westchester,"     Leave  was  given,  and 


the  next  day  Mr.  de  Lancey  introduced  the  bill,  'The 
jury  act  referred  to  required  all  jurors  to  be  possessed 
either  in  their  own  rights  and  names,  or  that  of  Trus- 
tees, or  in  that  of  their  wives,  of ''a  freehold  in  lands, 
messuages,  or  tenements,  or  rents,  in  fee,   feetail,  or 
for  life,  of  the  value  of  sixty  pounds  New  York  .cur- 
rency (*1")0)  free  of  all  incumbrances."    In  the  City 
of  New  York  alone  personalty  of  sixty  pounds  value 
was  permitted  as  a  tiualification.    The  object  of  Mr. 
de  Lancey's  bill  was   to   nuike   the  tenants  in   the 
Manors,   who  were  not   freeholders,  subject  to  jury 
duty.    This  legislative  action  proves  that  none  of  the 
leases  in  the  manor  of  Philipsburgh  were  "  fee-farm  " 
leases,  that  is  leases  in  i)erpetuity,  for  such  leases 
were  "freeholds,"  and  the  "tenants  freeholders,"  by 
law ;  and  that  the  same  thing  was  true  of  a  "  great 
part "  of  the  le-ises  in  the  Manor  of  Cortlandt.     Mr. 
de  Lancey's  attempt  to  aid  his  constituents  was  not 
successful.    His  bill  failed  to  pass,  but  why,the  jour- 
nals of  the  House  do  not  show.   Probably  the  tenants 
of  the  Manors  were  in  a  majority  sufficient  to  control 
their  members  in  the  House.    The  two  members  for 
the  County  had  thetenanl^of  Philipsburgh,  and  of  the 
four  smaller  manors  of  Scarsdale,  Pelham,  Morris- 
ania and   Fordham  among  their  constituents,  and 
"  The  Manor  of  Cortlandt "  had  its  own  representa- 
tive.     One  of  the  county  members  was  Frederick 
Philipse,  the  third,  and  the  then.  Lord  of  Philipseburgh 
(the  other  being  John  Thomas  of  Harrison),  and  the 
member  for  the   Manor  of  Cortlandt,  was  Pierre  van 
Cortlandt,  of  Croton,  of  the  second  branch  of  that 
family,  and  subsequently  the  first  Lieutenant-Gov- 
ernor of  the  iSfafe  of  New  York,    Both  the  county 
members  had  a  majority  of  Manor  tenants  in  their 
constituency. 

The  next  year,  1770,  Mr.  Thomas,  one  of  the  County 
members,  tried  a  little  diflerent  measure,  apparently 
punitive.  He  introduced  a  bill  relating  to  the  Manor 
of  Philipsburgh  alone,  entitled  "  a  bill  to  enable  and 
qualify  tenants  holding  lands  improved  to  the  value  of 
sixty  pounds,  either  for  years,  or  at  will,  within  the 
Manor  of  Philipsburgh,  in  the  County  of  Westchester, 
to  serve  as  jurors  in  the  justices  couits  held  in  said 
Manor,  where  the  parties  concerned  in  the  cause  to 
be  trietl,  are  tenants  as  aforesaid."*  This  was  practic- 
ally to  invest  Justices'  courts  in  the  Manor,  with  the 
jurisdiction  of  the  Courts-baron  of  the  manor,  only 
with  a  justice  instead  of  the  Lord  or  his  Steward  as 
its  presiding  head,  and  thus  imi)osed  double  jury  duty 
on  the  tenants.  This  measure  also  failed  to  ])a8S.  These 
facts,  and  the  j)roposed  legislative  action,  first  men- 
tioned, occurring  as  it  did,  only  five  years  before  the 
beginning  of  the  American  Revolution,  show  how 
widely-extended  was  the  manorial  system  of  New 
York,  in   Westchester  County,  how   numerous  and 

1  AHtwnibly  JounmlH.  SiNwimt  fi-uin  lat  Nuvcmlier,  1700,  to  2Ttli  .laiiniiry, 
1770,  |ip.  )1  «inl  7. 

»AB«enit>1y  Ji)uriiali<.  Scualon  fioiu  iUt  Nnv.  17IV1  to '.'7lli  .Inn.  1770, 
|>.  SO. 


92 


HISTORY  OF  WESTCHESTER   COUNTY. 


politically  powerful  were  the  tenants  of  the  manors 
there,  and  how  well  they  were  satisfied  with  their 
position.  The  objection  coming  from  those  only  who 
were  not  manorial  tenants. 

The  peculiar  incidents  of  an  old  English  Manor 
have,  not  been  described,  although  they  have  been 
referred  to.  The  definition  of  a  Manor  already  given, 
shows  that  it  had  two  Courts,  a  Court-Baron,  and  a 
Court-Leet.  The  scope  and  duties  of  the  former  of 
these,  that  in  which  the  l>ord  exercised  jurisdiction, 
we  learn  from  Coke.  "  If,''  says  he,  "  we  labour  to 
search  out  the  antiquity  of  these  courts-baron,  we 
shall  find  them  as  ancient  m  manors  themselves. 
For  when  the  ancient  kings  of  this  realm,  who  had 
all  England  in  demesne,  did  confer  great  quantities 
of  lands  upon  some  great  personages  with  liberty  to 
parcel  the  lands  out  to  other  inferior  tenants,  reserv- 
ing such  duties  and  services  as  they  thought  con- 
venient ;  and  to  keep  courts  where  they  might  redreas 
misdemeanors  within  their  precincts,  punish  offences 
committed  by  their  tenants,  and  decide  and  debate 
controversies  arising  within  their  jurisdiction ;  these 
courts  were  termed  courts  baron."  ' 

This  jurisdiction  was  the  very  essence,  so  to  speak, 
of  a  Manor,  for  the  same  great  ».uthority  also  says, 
that,  "A  Manor  in  these  days  [the  age  of  Elizabeth, 
in  which  Coke  wrote]  signifieth  the  jurisdiction  and 
royalty  incorporate  rather  than  the  land  or  scite."' 

An  old  English  Manor  may  be  said  to  have  con- 
sisted of: — 

1.  Demesne  lands,  which  were  the  Lords  personal 
demesne.  These  were  of  two  kinds,  first,  the  Manor- 
House  and  the  hind  immediately  about,  or  adjacent 
to,  it,  which  the  Lord  himself  cultivated  for  his  own 
maintenance,  or  demised  to  others  to  be  cultivated 
for  that  purpose,  on  terms  of  years,  or  for  the  life  of 
the  tenants ;  and  secondly,  the  uncultivated  lands  of 
the  manor  including  those  allowed  as  common  lands 
for  pasturage,  &c.,  to  the  freehold  tenants  generally, 
which  were  termed  the  "wasted  lands,"  or  more 
usually  the  "  Lords  waste,"  not  because  they  were 
worth  nothing,  but  because  they  were  untitled. 

2.  The  services,  rents,  and  duties,  reserved  to  the 
Lord  upon  the  original  freehold  leases  to  the  freehold 
tenants  of  the  manor. 

3.  The  reversion  of  those  parts  of  the  demesne 
lands  granted  for  lives  or  terms  of  years,  and  of  tliose 
escheated  to  the  Lord  in  the  case  of  freehold  tenant« 
dying  intestate  and  without  heirs. 

4.  Jurisdiction  in  a  Court-Baron,  and  the  rents  and 
services  of  the  freehold  tenants  liable  to  escheat  and 
owing  attendance  as  suitors  at  the  Court.  This  Court 
was  a  necessary  incident  of  a  manor,  and  without  it, 
and  at  least  two  suitors,  no  manor  could  exist.  The 
Lord,  or  his  Steward  always  presided,  r.o  one  else 
could  hold  it.  The  freehold  tenants  we/e  the  judges 
of  fact,  just  as  jurors  are  in  ordinary  Courts;  thu.n  no 


I  c'itivl  in  r'riilw  un  Dignities,  24. 


3  Iblil. 


man  could  be  tried  exce])t  by  his  peers.  It  was  an 
absolute  necetisity  that  it  should  be  held  within  the 
Manor  limits,  for  if  held  outside,  its  proceedings  were 
null  and  void.  Hence  it  was  usually  held  in  or  near 
the  Manor  House. 

5.  The  right  to  hold  a  Court-Leet.  This  Court 
was  not  necessary  to  the  existence  of  a  manor  un  a 
Court-Baron  was.  It  was  simply  one  of  the  general 
franchises  given  in  and  by  a  Manor  Grant,  It  wan 
not  given  to  all  manors,  but  in  those  in  New  York  it 
was  usually  one  of  the  franchises  granted.  All  the 
manors  in  Westchester  County  possessed  this  fran- 
chise. The  Court-Leet  was  a  Court  of  Record  having 
a  similar  jurisdiction  to  the  old  Sheriff's  "  Tourns"  or 
migratory  courts  held  by  the  Sheriff  in  the  difl'erent 
districts,  or'  hundreds'  of  his  County,  for  the  punish- 
ment oi  minor  offences  and  the  preservation  of  the 
peace,  but  had  more  extended  jiowers.  It  was  a 
criminal  Court  only  and  took  cognizance  of  all  crimes 
from  the  smallest  misdemeanors,  uj)  to,  but  excluding, 
trea.son.  It  was  granted  to  lords  of  manors  "  in  orjler 
that  they  might  administer  justice  to  their  tenants  at 
home."  ■'  All  the  people  in  the  district  of  the  Court- 
Leet  were  bound  to  attend  under  penalty  of  a  small 
fine.  The  Steward  of  the  Manor  was  the  judge,  and 
the  people  of  the  manor  alone  could  be  the  jurors. 
"Anciently,"  said  Lord  Mansfield,  "theTournand 
the  Leet  (dfrived  out  of  it)  were  the  principal  Courts 
of  Crimini)'.  Jurisdiction  ;  coeval  with  the  establish- 
ment of  the  Saxons  here.  There  were  no  traces  of 
them  either  among  the  Romans  or  Britons;  but  the 
activity  of  these  Courts  is  marked  very  visibly  both 
among  the  Saxons  and  the  Danes."  * 

(i.  The  Franchises  annexed  or  appendant  to  a 
Manor.  These  were  jirivileges  specifically  given  l)y 
the  Crown  in  the  Grants  of  manors,  or  of  lands  not 
manors.  "  A  franchise,"  says  Cruise,  '"  is  a  royal 
])rivilege  or  branch  of  the  King's  prerogative  sub- 
sisting in  a  subject  by  a  grant  from  the  Crown."* 
When  so  granted  they  were  said  to  be  appendant  to 
the  manor,  or  other  grant  in  which  they  are  set  forth. 
There  was  nothing  whatever  which  was  "  feudal  "  in 
their  nature.  They  were  simply  favors  extended  by 
the  crown  to  the  grantees  of  lands  whether  manorial, 
or  non-manorial,  to  increase  the  value  and  enjoyment 
of  their  properties.  They  varied  much,  some  manors 
having  more,  some  less.  Most  of  these  franch'ses 
were  common  to  both  manorial,  and  non-manorial, 
lands.  Some,  however,  were  only  granted  to  Manors, 
and  were  held  by  their  Lords  in  addition  tothose  com- 
mon to  both  these  classes  of  Crown-granted  lands. 
Among  those  of  the  non-manorial  lands  were  Hunt- 
ing, Hawking,  Fowling,  Fishing,  &v.,  among  the  lat- 
ter, those  of  Courts- Baron,  Courts-Leet,  Waifs,  Estrays, 
Advowsons,  Deodands,  &v.     In    the  case  of  Manors 


»Coki'2Iint.  70. 

*:iHnrrow'i  Hop.  ISiiii.     Spo  m  to  tlii' JurlMllctinii  of  tliose  Coiirig 
Kallnm't  "  .MIiMIe  Akm,"  347i 
MHirert,  TItli',  xxvll.  Jl. 


THE  ORIGIN   AND  HLSTOllY   OV  THE   MAMJllS. 


tliiTt'  wereoften  special  tVain'hini'sgriinteiljfrrowingout 
of  the  geograpliical  Hiluation  of  tlie  land  it»elf,  or 
other  speeiul  circunistniii'i's  of  a  loial  nature,  such  as 
franchises  to  cstahlish  ferries,  bridges,  fairs  and 
markets ;  and  for  the  tenants  to  meet  and  choose 
assessors  and  other  local  officers,  and  elect  represen- 
tatives of  llie  Manor  in  the  (ieneral  Asscnihly,  The 
latter,  a  very  high  franchise,  was  conferred  upon 
three  only  out  of  the  great  nuniher  of  Manors  in  New 
York.  These  were  the  Manoi-s  of  Corthmdt,  Living- 
ston, and  Renssclaerswyck,  of  whicii  tiie  former,  the 
first  in  whicli  the  franchise  was  granted,  was  the  only 
one  in  Westchester  County.  .\11  three  of  them 
hordered  uixin  the  Hudson  River,  and  eventually 
embraced  within  their  territorial  limits  large  numbers 
of  inhabitants. 

All  these  franchises  were  what  the  law  terms  "in- 
corporeal hereditaments,"  wliieh  are  rights  and  pro- 
fits arising  from,  or  annexed  to,  land.  Among  them 
was  that  of  advowson  and  church  patronage.  An  ad- 
vott'son  is  a  right  of  presentation  to  a  churcii,  or 
any  ecclesiastical  benefice.  It  existed  in  New  York, 
during  tlie  Colonial  period.  The  word  is  derived 
from  the  Latin  udvocatio,  which  means  receiving  in 
ciientship,  because  in  England  originally  the  one 
jiiMsessing  this  right  was  termed  mhocniii^  ecclmiit-, 
as  lie  was  Iwund  to  defend  and  protect,  both  the  rights 
of  tlie  church,  and  the  clergyman  in  charge,  trom  oii- 
pressiou  and  violence.  Hence  the  right  of  presenta- 
tion to  a  church  acquired  the  name  of  advowson,  and 
be  who  possessed  the  right  was  called  the  ))atron  of 
the  church.  The  origin  of  the  right  was  this: — In 
the  early  days  of  Christianity  the  nomination  of  all 
ecclesiastical  benefices  belonged  to  the  ( 'hurch.  When 
the  jiiety  of  some  rich  and  prominent  men,  or  great 
lords,  induced  them  to  build  churches,  near,  or  upon, 
their  own  estates,  and  endow  them  with  land  called 
a  glebe,  or  to  appropriate  the  rent  or  tithes  from 
neighbouring  lands  of  their  own,  to  their  support, 
the  bishops,  (non-episcoi)al  church  organizations  did 
not  then  exist)  desiring  to  encourage  such  pious  un- 
dertakings, ])ermitted  these  rich  men  to  appoint  what 
per.son  they  pleased  to  officiate  in  such  churches,  and 
reieive  the  emoluments  annexed  to  them  ;  reserving  to 
tlieinselves  only  the  ])owci'  to  examine,  judge  of,  and 
|i:i.ss  ii|)on,  the  qualifications  of  the  persons  so  nomi- 
nated. Originally  a  mere  indulgence,  this  practice  in 
priieess  of  time  became  a  right.  And  those  who  had 
either  foun<leil  or  endowed  a  chu'.ch  nmiirally  claimed 
mid  exerciseil  the  right  of  presenting  a  clcrgyma*!  to 
the  bishop  for  institution  whenever  tbeChurch  becjime 
vacant.  This  right  of  presentation  originally  allowed 
to  the  jiersou  who  built  or  endowed  a  church,  became 
by  degnrs  annexed  to  the  estate  or  Manor  in  which 
it  was  erected  ;  for  the  endowment,  whether  land,  or 
tithes  of  its  produce,  was  taken  iis  part  of  the  Manor 
and  held  of  it ;  hence  the  right  of  ])reseiitation  jiassed 
with  the  Estate  or  .Manor  to  whicli  it  was  aiqiendant 
by  grant,  and  thus   became  a  species  of  property. 


'  Presentation  '  is  the  otlering  of  a  clergyman  by  the 
patron,  or  owner,  of  an  advowson  to  the  Hishoji  or  or- 
dinary, by  a  kind  of  letter  in  writing,  refpu'sting  him 
to  admit  the  clergyman  named  in  it  to  the  Church. 
!  When  the  liishop,  or  Ordinary,  after  due  examina- 
I  tion,  certified  in  writing  that  the  clergyman  was  a  fit 
'  person  to  serve  the  church,  the  latter  was  said  to  be 
"admitted."  The  IJishop,  or  Ordinary  then  "institut- 
ed" the  clergyman,  by  the  formal  commitment  to 
him  of  the  cure  of  souls.  This  was  done  by  the 
clergyman  kneeling  before  the  bishop  and  reading  his 
l>romise  ()f  faithful  duty  from  a  written  instrument 
prepared  beforehand  with  the  episcopal  seal  attached, 
which  he  held  in  his  hands,  and  afterwards  retained. 
This  gave  him  the  right  to  the  temporalities  of  the 
Church.  Alter  the  completion  of  the  "  Institution  " 
the  liishop,  or  Ordinary,  issued  a  "JIandate  of  Induc- 
tion" in  writing,  directed  to  him  who  bail  the  jiower 
to  i^iduct  of  common  right,  or,  in  case  of  there  being 
no  person  jiossessing  this  jiower,  to  any  other  proper 
jierson  whom  he  saw  fit  to  name,  to  perform  the  of- 
fice. The  Actual  Induction  was  made  by  the  author- 
ized person  taking  the  clergyman  and  jiutting  his 
hand  on  the  door,  wall,  or  other  part  of  the  church 
"difice,  aiid  saying  to  th's  etl'ect — "  By  virtue  of  this 
mandate  to  me  directed  I  do  induct  you  into  the  real, 
actual,   and  corporeal  possession  of  the  Church  of 

(naming  it)  with  all  the  rights,    profits,  and 

appurtenances  thereunto  belonging,"  or  similar  words 
to  that  ell'ect.  He  then  opened  the  door,  and  led  the 
new  clergyman  into  the  church,  whc  usually  tolled 
the  bell,  if  there  was  any,  tor  a  few  moments,  to  make 
known  his  induction  to  his  parishioners  and  the  pub- 
lic. This  course  was  followed  in  New  Y^ork,  and  the 
other  Hritish-.Vnierican  colonies  in  which  the  church 
<if  England  existed.  Hut  as  there  was  no  Bishop  at 
that  time  in  this  country,  the  Ordiiuiry  was  either  the 
( iovernor,  by  virtue  of  his  Commission,  or  the  Bishop 
of  London's  Commissary,  who  was  a  clergyman  ap- 
]iointed  by  the  Bishop  to  perform  certain  adminis- 
trative duties  here,  and  one  or  the  other  acted  in  the 
Bishop's  place.  The  Governor  of  the  Province  usually 
issued  the  mandate  of,  and  appointed  a  proper  [terson 
to  |icrform  the  ceremony  of.  Induction. 

This  right  of  advowson  and  church  patronage  was 
specifically  granted  in  express  terms  to  four  out  of  the 
six  manors  in  Westchester  County,  and  is  set  forth 
specifically  in  the  Manortirants  of '  Cortlandt,' '  Phil- 
ipseburgb,"  "I'dliam,'  ami  '  .Morrisania.'  In  that  of 
8earsdale  it  is  not  granted,  nor  in  that  of  Fordhani,  a 
proof  of  the  sfafenieiit  iiiiide  above  that  Manor  fran- 
chises varied  in  difl'erent  Manor  Grants. 

At  the  begiiiniiig,  the  instruments  of  Presentation 
ami  Induction  in  New  York  were  in  Latin,  and  many 
of  them  are  recorded  in  the  jiublic  offices  of  the 
older  Counties,  in  that  tongue.  Later  they  were  in 
English.  The  following  is  a  complete  sequence  of 
these  curious  and  instructive  <locuiiientssliowing  the 
Collation  and  luductioii  into  the  "  Parish  of  Rye, 


94 


HISTORY  OF  WESTCHESTER  COUNTY. 


Maniaroneck,  and  Bedford/'  of  the  Rev.  Kbenezer 
Punderson,  aa  its  incumbent  in  the  year  1763,  the 
whole  being  in  English.  The  originalrt  are  in  the 
poHsetision  of  John  C.  Jay,  M.D.,  of  Rye.  They  are 
printed  in  Hojton^s  History  of  the  Church  in  the 
County  of  WestchcKter,  page  MOO,  etc.  The  headings 
do  not  appear  in  the  originals.  In  thiH  case  the 
right  of  Patronage  was  vested  in  the  Wardens  and 
Vestry  of  the  Parish  itself,  an  was  often  the  case. 

THE   PREHENTATION    TO    THE    PAHIHH     OF   RYE    OF 
MR.    EBENEZER   ITNOERSON. 
"To  the  Honorable  CaawalUderCuMen,  Eai|.,  htit  M^etty'sIJeu- 
tonnnt  (lOTornuur,  and  Ooniinaniler  In  Chiuf  of  the  Province 
of  New    York,   ami  the  Territories  dopomling  tliereou,  In 
America  : 
The  Cbiireliwanleni  aud  VMtrymen  of  the  Pariali  of  R^e,  Including 
the  (lifttricU  or  precincts  of  Rye,   Mamaroneck,  Hn<l  Bedford,   in  ttic 
County  of  Wiwttli ester,  in  the  Province  of  New- York,  the  true  and  nn- 
doubt(Kl  patrontt  of  the  vaid  Parish,  within  your  Houour's  i^overnnieiit, 
In  all  reverence  und  obedience  to  your  Honour,  due  and  suitable,  send 
greeting,  in  our  Lord  God  uverliijiting,  and  corllfye  that  to  the  said  Par* 
ish  of  Uye,  Including  the  districts  or  precincts  <tf  Rye,  Manmninfck,  and 
lledfonl,   now  being  vacant  by  the  natural  death  of  Jameo  Wetmoro, 
the  last  incumbent  of  the  same,  und  to  our  preM^ntation  of  full  right  be- 
longing, v/ii  have  called  our  l»etoved  In  (')irirtt,  Kl>ene/er   Punderson, 
Clerk,    to  ofltciate    In    the  said   Parish  church   of   Hye,  called    (Jroce 
Church  ;  and  hlui,  the  said  Ebenezer  Punder9<»n,  sends  liy  them  presents 
to  your  Honour,  present,  humbly  praying  that  you  would  vouchsafe  him 
to  the  said  cliurch  and  Parish  of  Rye,  including  the  districts  or  pre- 
dnctH  aforesaid,  to  admit,  institute,  and  cause  lu  Im*   inductefl,  with  al 
its  rights,  members,  and  appurtonnnccs,  and   that  you  will,  with  favour 
and  etTect,  du  and  fulflll  all  and  singular,  other  things  which  in  this 
behalf  are  proper  and  fitting  fur  your  honour  to  do. 

In  testimony  whereof,  we,  the  Churchwardens  and  vestrymen  afore* 
said,  have  to  these  presents  put  our  handH  and  seals,  this  day  of  Noveni* 
ber,  in  the  year  of  our  Lonl,  one  thousand  seven  hundrc<l  and  sixty- 
three. 

EllENKZKR   KnIFFEN,    ~1 

Andrew  3Ierrit.        j 

and  seven  Vestrymen." 
LIEUTENANT    GOVERNOUR    COI.DEX's    APMISSION  OF 
MR.    Pl'NDERSOX   TO   THE  PARI8H   OF   RYE. 

"I,  C'AnwALi.AUKR  Coi.DEM,  Esquire,  Ills  Mivjesty's  Lieutenant  Cover, 
nour,  and  Commander  in  Chief  of  the  province  of  New-York,  and  the 
Territories  dciMmdlug  thereon  In  America,  do  admit  you,  Klienezer  Pun- 
derson, Clerk,  to  be  Rector  of  the  Parish  Church  of  Rye,  commonly 
called  Ciraco  Churcli,  and  of  the  Parish  of  Rye,  including  the  several 
districts  or  precincts  of  Kye,  Maniaroneck,  and  liedfonl,  in  the  County 
of  Westchester,  within  the  said  Province. 

Given  under  my  hand  and  the  prerogative  seal  of  the  Province  of  New- 
York,  at  Fort  (ieorge,  in  the  City  of  New-York,  the  seventeenth  day  of 
No%'eml«r,  in  the  year  of  our  Loiil,  one  thousand  seven  hundred  and 
sixty-three. 

Cadwai.ladeii  Coldkn." 

LIEUTE:  ANT  GOVERNOUR  COLDEN*H  INSTITUTION  OF 

MR.   PUNDERSON  AS   RECTOR  OF  THE   PARISH   OF 

RYE. 

'*  I.Capwai.ladkr  COLiiEN,  »quire,  his  Majesty's  Lieutenant  Oover- 
nour  and  Commander  in  Chief  of  the  Province  of  New-York,  and  the 
Territories  dept^nding  thereon,  in  America,  <ln  instttute  you,  Elwnezer 
Punderson,  (.'lerk,  Rector  of  the  Parish  Cburch,  of  Rye  commonly 
called  Grace  Church,  and  of  the  Parish  of  Rye,  including  the  several 
districts  or  precincts  {if  Rye.  Manuironeck,  and  Bedford,  in  the  County 
of  Westchester,  In  the  said  Pnivince  to  havo  the  cure  of  the  souls  of  the 
parishioners  of  the  stdd  Piirish  ;  and  take  ynnr  cure  and  mine. 

Given  under  my  hanii  and  the  pren>gatlve  seal  of  the  Province  of  New- 
York,  at  Fort  Getirge,  in  tlie  City  of  New- York,  the  seventeenth  day  of 
November,  in  the  year  of  our  Lord  one  thousand  seven  hundred  and 
■ixty-three. 

CAOWALLAnER    Coi,DEN." 


Chitrchicardmt, 


LIEUTENANT    GOVERNOUR     COLDEN'S    MANDATE     TO 
INDUCT   MR.    PUNDERSON    INTO  THE  PARISH  OF    RYE. 

**ThH  Honorable  Cadwallader  Culden,  Esquire,  his  Mi\)(Mty's  Lieuten- 
ant (iovernour  and  Commander  in  Chief  uf  the  Province  of  New<York, 
and  the  Territories  depending  thereon  in  AnuTlca.  To  all  and  singular 
Ret^torsand  Parish  Ministers  whatsoever.  In  the  Province  of  New-York, 
or  to  Andrew  Merrit  and  Ebenezer  Knltfen,  the  present  Churchwardens 
of  the  Parish  of  Rye,  in  the  County  of  Westchester,  and  to  the  Vestry- 
men of  thesahl  Parish,  and  to  each  and  every  of  you,  greeting  :— Where- 
as. I  have  admlttott  our  iK'bived  in  Christ,  Klx-nezer  Puuderstm,  Clerk,  to 
the  Rectory  of  the  Parish  Church  at  Rye,  conunonly  callwl  Grace  Church, 
and  of  the  Parish  of  Rye,  including  the  several  districts  or  precincts  of 
Rye.  Maniaroneck.  and  Iledford,  in  the  County  of  Westchester,  within  this 
gnvernment,  to  which  the  (uiid  KiK'ne/er  Punilerson  was  pn-sented  unto 
me  by  the  Ctiurchwanleiis  and  Vestrymen  of  the  said  Parish,  the  tnie 
and  undoultted  fxitrons  of  the  said  Parish,  vacant,  ns  Is  say'd  by  the 
imturnl  death  of  James  Wotmore,  the  liist  inoumlient  there,  on  or  al>out 
the  nineteenth  day  of  May,  one  thousaml  m>ven  hundred  and  sixty  ;  and 
him,  the  said  Elwnezer  Punderson,  I  have  instituted  into  the  Rectory  of 
the  said  Parish  Church  and  Parisli,  with  all  their  rights,  menit>ers,  and 
appurtenances,  olMerving  the  laws  and  eanuns  of  right,  in  that  )»ehalf 
roquire<l  and  to  Iw  observed.  To  you  therefore,  jointly  and  severttlly,  I 
do  commit,  and  firmly  Injoining.  do  command  each  and  ever>'  of  yuu, 
that  in  due  manner,  him,  the  said  Ebenezer  Punderson,  or  his  lawfull 
Proctor,  in  his  name,  and  for  him  into  the  real  actual,  and  cor|>oral 
IMWsession  of  the  Rectory  of  the  said  Parish  Church  and  Paris)),  including 
the  districts  and  precincts  aforesHiil,  and  all  of  their  rights  and  Hppur- 
tenances,  whatsoever,  you  induct,  or  cause  to  be  Inducted,  and  him  so 
inducted  you  do  defend ;  and  of  what  you  shall  have  done  in  the  jtremises 
thereof,  you  do  duely  certify  unto  me  or  other  comi>etent  judge,  in  that 
Udialf,  when  there  unto  you  shall  Im  duely  required. 

Given  under  my  hand  and  tin-  prerogntive  seal  of  the  Province nf  New- 
York,  at  Fort  George,  in  the  City  of  New-York,  the  seventeenth  dsy  of 
Noveml>er,  In  the  year  of  our  Lord,  one  thousand  seven  hundred  and 
sixty-three." 

Cadwali.adir  Coldes." 

CERTIFICAT'       OF      MR.      PUNDERSON'S      INDUCTION 

INTO  Til.      RECTORSHIP  OF  THE   PARISH  OF    RYE. 

"  T,  John  Milner,  Rector  of  the  Parish  of  Westchester,  In  the  County 
of  Westchester  and  Pnivince  of  New-York,  do  hereby  certifye,  tlist  by 
virtue  of  a  warrant  hereunto  annexed,  from  the  Honourable  CHdwalla- 
der  Colden,  Esquire,  his  Majesty's  Lieutenant  Governonr  and  Com- 
mander in  Chief  of  the  Province  of  New-York,  aforesaid,  and  the  Terri- 
tories depending  thereon,  in  America  ;  I  have  this  day  Inductefl  the  Rer, 
Ebenezer  Pundoi'son,  into  the  real,  actual  and  cori^iral  iKwst'ssion  of  the 
Rectory  of  the  Parish  Church  of  Rye,  conmionly  called  Gnice  Church 
and  of  the  Parish  of  Rye,  including  the  several  districts  or  pi-ecincts  of 
Rye,  Maniaroneck,  and  Hetiford,  In  the  County  of  Westchester  aforesaid, 
with  all  their  rights,  members,  and  appurtenances,  the  'Jlst  dsy  of 
Novend»er,  Anno  Domini,  17*111.  The  Induction  of  the  Rev.  Ebenexer 
Punderson  l>eing  executed,  the  above  certificate  was  signed,  in  conse- 
quence thereof,  by  the  Rev.  John  Mlliter,  In  the  presence  of  uj",  who 
subscribe  our  names  as  witness  thereunto. 

JOHN    yUhSEn,  Iteclor  of  Sf.  Peter' »  Church  n't6tche$ter, 
and  twenty-one  others." 

MR.  PUNDERSON'S  DPULARATION  OF  CONFORMITY. 
*'  I,  Ebenezer  Punderson,  do  here  declare  my  unfeigned  assent  and 
consent  to  all  and  everything  contained  and  prescril)ed  Inai  dby  ye  Hook 
entitled  the  Rook  of  Common  Prayer,  itnd  adudnistnitiuiis  of  ye  sacra- 
ments; and  ye  Rites  and  Ceremonies  of  ye  Chuirh,  iwcording  to  the  use 
of  tli^  <'liurch  of  England  ;  together  with  ye  Psalter  or  Psalms  of  David, 
pointed  as  they  are  to  be  sung  or  said  in  <  'hurches,  ani)  the  form  or  man- 
ner of  making,  ordaining,  ami  conseciatlng  Bishops,  Priests  and  Dea- 
cons." 

"  Upon  the  4th  day  of  Deceinlwr,  17)1:1,  the  aUtve  mentioned  El>enez- 

er  Punderstm,  after  divine  service  wiis  began,  and   belore  It  wiis  ended, 

read  distinctly  the  thirty-nine  articles  of  Religion,  and  declared  liit  un- 

feimnl  assent  and  consent  to  them  ;  and  also  nuule  the  aliove  declaration. 

WUneM^  Hacualiah  Brown,  Timothy  Wetmork." 

The  Rents  incidenL  to  ii  manor  were  of  two  kinds, 
those  arising  from  the  demense  lands  of  the  lord,  and 
tliose  from  the  freehold  landa  held  bv  the  tenants  of 


THE  ORIGIN   AND   HI8T0KY   OF  THE    MANORS. 


95 


the  manor.  It  is  a  proof  of  the  fact  that  the  renting 
of  land  from  a  superior,  was  a  most  natural  as  well  as 
most  aneient  ciiHtom,  that  from  the  payment  of  rent 
w  (ierivi'd  our  English  v/ord  farm.  In  early  Saxon 
days,  and  at,  and  just  after,  the  \i)riiian  Comiuest, 
the  estates  of  the  ehiefs  and  leaders  were  cultivated  by 
the  people  attached  to  their  ditf'erent  lands,  the  vil- 
leins, heretofore  mentioned,  who  were  practically 
slaves,  and,  in  the  very  earliest  times,  passed  with  the 
estates  on  which  they  dwelt.  In  course  of  time  the 
land  owners  allowed  them  to  occupy  specitie  ])art8  of 
their  lands  at  will,  yielding  a  return  of  corn,  hay,  of 
other  portions  of  their  crops  ;  and  later  they  granted 
them  the  lands  for  a  certain  number  of  years,  by 
which  they  were  enfranchised,  the  owners  reserving 
an  annual  return  of  portions  of  the  corn  or  other  pro- 
visions. From  this  the  lands  thus  granted  were  called 
farms,  from  the  Saxon  word/con/i,  which  signifies  pro- 
visions.' This  return  for  the  use  of  the  land,  was  ex- 
pressed by  the  Latin  word  redditns,  which  means  '  re- 
turn,' and  from  it  comes  our  English  word  '  rent.' 

Rents  were  of  three  kinds,  1.  Rent  service;  that  is 
])ayment  of  money  or  produce,  and  fealty,  which  was 
the  only  rent  known  to  the  common  law  and  to  which 
a  right  of  distress  was  incident.  2.  Rent  charge ; 
when  the  rent  was  created  by  deed,  no  fealty  was 
annexed  and  conse<|uently  there  could  be  no  distress 
in  case  of  non-payment ;  hence  an  express  power  of 
distress  was  inserted  in  the  deed  to  cure  the  difficulty. 
A  rent  so  reserved  was  said  to  be  charged  with  a  dis- 
tress, and  hence  called  a  rent  charge.  !5.  Kent  seek, 
or  dry  or  barren  rent ;  this  was  simply  a  rent  for  the 
recovery  of  which  no  power  of  distress  was  given  by 
the  common  law,  or  by  the  agreement  of  the  parties.'' 

All  three  kinds  were  used,  but  the  first  or  rent 
service  was  that  generally  reserved  in  manor  leases  in 
New  York.  The  leases  themselves  were  granted  for 
terms  of  years  of  longer  or  shorter  periods,  with  cov- 
enants of  renewal,  or  without,  as  the  parties  could 
agree.  Usually  they  were  for  long  termn,  and  some- 
times they  were  made  in  perpetuity,  in  which  latter 
case  they  were  called  fee-farm  leases,  and  the  rents 
fee-farm  rents.  In  the  Westchester  County  Manors 
there  was  great  latitude  in  the  character  of  the  lease 
holds.  The  Lords  and  their  Tenants  were  l)ound  by 
no  hard  and  fast  rules,  and  made  justsuch  agreements 
with  each  other  as  they  saw  fit.  Sometimes  the  right 
to  purchase  the  fee  by  the  tenant  upon  terms  was  in- 
serted in  the  leases.  IJut  it  was  the  custom  generally 
to  sell  the  reversion  of  the  fee  to  the  tenant,  whenever 
it  was  desired  and  the  parties  could  agree  upon  the 
terms  of  the  purchase.  These  leaseholds  were  de- 
visable by  will,  and  divisible,  with  the  lord's  assent, 
into  parts  in  the  lessee's  lifetime.  This  nuide  it  easy 
for  tenants  to  retain  their  farms  in  their  families 
from  father  to  son  if  they  wished,  or  to   diviile  up  a 


'CriiiKoTlt.  VIII.,  ch.  T.  ?!.,  andTlt.  XXVIII.,  rh.  I.  { 1. 
=  Cruiii»!Tit.  XXVIII.,  lb.  1. 


large  farm  into  smaller  ones,  among  several  sons,  or 
married  daughters.  lUit  in  all  cases  the  consent  in 
writing  of  the  lord  was  necessary.  And,  as  a  rule, 
this  was  never  withheld,  when  the  subdivisions  pro- 
posed were  not  made  too  sniall.  In  these  divisions  of 
a  leasehold,  the  rent  was  arranged  to  be  paid  in  one 
of  two  way.<*.  Either  the  lord  consented  to  take  it  in 
fixed  parts  from  the  holders  of  the  subdivisions,  or, 
which  was  most  usual,  it  was  agreed  among  the  sub- 
tenants that  some  one  of  them  should  pay  the  entire 
rent  under  the  whole  lease  to  the  lord,  and  be  re-iin- 
bursed  by  each  of  them  for  his  own  part.  The  amounts 
for  the  difi'erent  \n\r\n  were  apportioned  among  them- 
selves in  this  case  as  they  chose.  When  the  lord  ac- 
cepted the  rent  in  parts  the  api>ortionnient  was  nuide 
by  him,  or  his  steward,  with  the  tenants  at  the  time 
such  division  into  parts  was  agreed  upon.  In  the 
Manor  of  Scarsdale,  there  were,  within  the  personal 
knowledge  of  the  writer,  instances  of  tenants  holding 
theirlfarms  for  four  and  five  generations,  and  then  pur- 
chasing the  reversion  of  the  fee  from  the  lineal  repre- 
sentatives of  the  Lord  to  whom  the  fee  had  descended. 
And  it  ?nay  be  said  that  much  the  greater  number  of 
tlij  original  tenants  of  that  manor,  or  their  descend- 
ants became  the  owners  in  fee  of  their  farms  by  direct 
|>urchase  from  the  first  Lord,  Caleb  Heathcote,  or  his 
lineal  descendants.  Several  of  these  farms  have  been 
so  sold  and  so  acquired  in  the  memory  of  the  writer. 
Another  rule  which  obtained  with  the  owners  of  that 
manor,  and  with  some  of  the  owners  of  the  manor  of 
Cortlandt.also,  to  the  writer's  knowledge,  was,  that  no 
stranger  tothetenantsof  any  farm  was  ever  permitted 
to  purchase  the  fee  of  a  farm,  without  the  owners  first 
giving  the  tenant  in  possession  the  first  opjiortunity 
to  purchase  it.  In  the  latter  manor  many  farms  were 
originally  leased  to  tenants  on  ninety-nineyears  leases, 
and  in  some  instances  they  have  remained  in  the  fam- 
ilies of  the  same  lords  and  the  same  tenants  (luring 
that  entire  term,  and  upon  its  expiration  tlieu  sold 
in  fee.  One  of  these  farms  which  descended  to  the 
writer,  had  been  divided  into  four  parcels  by  the  origi- 
nal tenant  in  the  manner  above  mentioned.  And  ten 
years  ago,  when  the  ninety-nine  years'  lease  had  ex- 
pired, two  portions  of  it  were  still  in  the  hands  of  the 
great-grandchildren  of  the  first  tenant.  The  right  to 
purchase,  though  there  was  no  obligation  to  do  so,  the 
term  having  expired,  was  offered  to  them.  Hut  not 
wishing  to  profit  by  it,  the  fee  was  sold  at  public 
auction,  and  bought  by  an  adjoining  neighbor,  who 
some  years  before  bad  ac(|uired  the  fee,  or  "soil  right" 
of  his  own  farm  in  the  same  way. 

The  <iuit-rent8,  payable  to  the  sovereign  authority, 
whether  the  Crown,  or,  after  the  Revolution,  the 
State  of  New  York,  from  all  Manors,,  as  well  as  the 
Great  Patents  and  Small  Patents,  granted  by  the 
Crown,  were  incidents  of  all  the  Manors,  as  well  as 
of  the  other  Crown  grants  of  every  kind.  The  term 
itself  is  derived  from  the  Latin  '  qiiiefiiK  reihHlii»,'  and 
signifies  a  rent  reserved  iu  grants  of  land,  by   the 


96 


HISTORY  OP  WESTCHKSTKU  COUNTY. 


payment  of  which  the  tenant  u  quieted,  or  (|uit,  from 
all  otliiT  !*L'rvice.  Tlicy  were  at  tmvc  tlie  lu-knowl- 
etl^nient  of  the  tenure,  tlu>  holding,  of  llie  litndx, 
from  tlie  Sovereign  Authority,  and  the  nource  of  n 
part  of  it«  revenue.  And  this  i«  tlie  renHoii  why  the 
auceeiiHoftlie  Ameriean  Revolution  had  no  ctt'eet  what- 
ever ujion  <|uit-rentH,  and  that  they  eontinued  payable 
after  it,  juit  as  they  were  before,  the  Htate  succeeding 
to  the  revenue  from  them  formerly  enjoyed  by  the 
Crown. 

The  Manor-Grants  in  the  County  of  Westchester 
varied  a  little  in  the  form  and  ternis  of  the  elanses 
providing  for  the  reservation  and  the  payment  of 
these  (juit-rents,  and  the  times  of  their  payment. 
The  clauses  were  framed  in  the  model  of  the  quaint 
old  clauses  of  the  ancient  Manors  of  England,  of  five 
centuries  before.  lUit  e.\cept  this  mere  resemblance 
there  was  nothing  "feudal"  in  them  more  than  in 
the  reservations  of  rent  in  a  modern  lease  of  a  store 
on  Itroadway,  a  farm  in  the  Coinitry,  or  an  opposition 
Itail  Road,  or  Oil,  Company.  The  <|uit-rent  clauses 
of  the  ditferent  Manor-Grants  in  Westchester  County 
are  these ; — 

Manor  of  Oirtlamll : — "Yielding  ren<lering  and 
paying  therefor  >  early  and  every  year  unto  us,  our 
heirs  and  successors,  at  our  City  of  New  York,  on  the 
feast  day  of  the  Annunciation  of  our  Blessed  Virgin 
Mary,  the  yearly  rent  of  forty  shillings  current  money 
of  our  said  Province,  in  lieu  and  stead  of  all  other 
rents,  services,  dues,  and  demands  whatsoever  for  the 
afore  recited  tracts  and  parcels  of  bind  and  meadow, 
Lordship  and  Manor  of  Cortlandt  and  jiremises." 

Manor  of  Smrml'ife : — "Yielding,  remlering,  and 
paying  therefor  yearly  and  every  year  forever  at  our 
City  of  New  York,  unto  us  our  heirs  and  successors, 
or  to  such  ofKcer  or  officers,  as  shall  ftoni  time  to  time 
be  empowered  to  receive  the  same,  five  ])ounds  cur 
rent  mmiey  of  New  York,  upon  the  Nativity  of  our 
Lord,  in  lieu  and  stead  of  all  services,  dues,  dntici", 
or  demands  whatsoever." 

Manor  of  Pe/ham : — L^ce  Searsdale  as  far  as  the 
word  "same"  inclusive,  and  then,  "  twenty  shillings, 
goofl  and  lawful  money  of  this  jirovince,  at  the  City 
of  New  Yorke,  on  the  five  and  twentyeth  day  of  the 
month  of  March,  in  lieu  of  all  rents,  services,  and 
demands  whatsoever," 

Manor  of  Morrimnia  : — "  Yielding  rendering  and 
paying  therefor  yearly  and  every  year,  on  the  least 
day  of  the  Annunciation  of  our  Hle^scd  Virgin,  unto 
us,  our  heirs  and  successors,  at  our  city  of  New  York 
the  annual  rent  of  six  shilling."*,  in  lieu  "  etc.  "  for 
the  said  lordship  and  manor  of  Morrisania,  and 
premises." 

Manor  of  Fordham:  "  Yealding,  r.?ndering,  and 
paying  yearly  and  every  year  unto  his  Royal  High- 
ness, the  Duke  of  Yorke  and  his  successors,  or  to  such 
governor,  or  governors,  as  from  time  to  time,  shall  by 
him  be  constituted  and  appointed,  as  full  acknowl- 
edgment and  quit-rent,  twenty  bushels  of  good  peas 


upon   the  first  day  of  March,  when  it  ahall  be  de- 
manded." ' 

Manor  of  I'hiUpihorough  : '  "  Yealding,  rendering, 
anil  paying  there'or,  yearly,  and  every  year,  on  the 
feast  day  of  the  Annunciation  of  the  lUemcd  Virgin 
.Mary,  at  our  fort  at  New  York,  unto  us  our  heirs  and 
successors,  the  annual  rent  of  four  pounds,  twelve 
shillings  current  money  of  our  said  jirovince,  in  lieu 
of  all  former  renta,  services,  dues,  tlnties,  and  de- 
nninds  for  the  said  Lordship  or  Manor  of  I'hilips- 
borough  and  premises." 

In  the  i)art8  of  this  essay  treating  of  these  Manors 
severally,  will  be  found  co|>ies  of  the  official  receipts 
for  these  quit-rents  given  by  the  authorized  Crown 
officers  to  whom  they  were  payable.  IJeing  so  snuill, 
they  were  practically  allowed  to  run  for  a  numl)er  of 
years,  and  then  paid  in  a  gross  sum.  Upon  Crown 
Grants  all  over  the  province,  not  Manor-Grants — 
Patents  as  they  were  termed — the  quit-rents  were 
usually  fi.xfd  upon  the  number  of  acres  included,  or 
estimated  to  be  included  in  them,  at  the  rate  of  two 
shillings  and  six  jtence  sterling  per  hundred  acres. 
Rut  though  this  rate  varied  in  some  instances  it  may  be 
taken  as  the  general  rate.  Some  of  them  were  payable 
in  kind  usually  in  winter  wheat.  As  the  Province 
grew  the  amount  of  iinit-rents  increased  and  came  to 
be  an  important  part  of  the  public  revenue.  Several 
acts  of  the  Legislature  from  time  to  time  regulated 
the  times  and  mannerof  their  payn\ent,  when  they  had 
liillen  into  arrears,  which  was  a  common  occurrence, 
the  last  of  which  was  in  17ti2,  which  also  carefully  ]>ro- 
vided  for  the  )>artition  of  large  estates  where  they  had 
come  into  the  posse-sion  of  numerous  heirs.  But 
space  will  not  permit  of  more  than  this  allusion  to 
this  legi^ilation. 

After  the  Revolution  when  the  Suite  succeeded  to 
the  rights  of  the  Crown,  and  in  1'  i(),  an  act  was 
pas.sed  providing  for  the  |(ayment  of  Jie  (|uit-rents  to 
the  State,  and  permitting  the  owners  of  lands  subject 
to  them,  to  commute  by  paying  a  sum  in  gross,  u])on 
the  recei])t  of  which,  the  lands  were  declared  free 
and  <lischarged  from  then  forever.  The  sum  fixed 
was  fourteen  shillings  in  cash  for  every  one 
shilling  of  annual  (piit-rent  jiayable  any  time  be- 
fore the  Ist  of  May,  1787,  in  the  same  State 
securities  receivable  in  payment  for  forfeited  estates. 
In  the  case  of  those  ])ayable  in  kind  they  were  to  be 
settled  for  in  the  method  in  the  book  of  the  Receiver- 
(teneral  of  the  former  Colony,  if  this  could  be  found, 
and  if  not  found,  then  upon  principles  of  e(|uity  and 
good  conscience  by  the  State  Treasurer.  This  law 
was  extended  from  time  to  time  by  various  special 
acts.  In  17!>1  one  of  these  acts  also  changed  the  pay- 
ments from  the  securities  mentioned  above  to  gold 
and   silver,  at  the  lower  rate  of  twelve  shillings  for 


>  Thl«  KM  the  only  ManoMJrant  In  the  Cuiinty  of  Westeheiter  l89ue<l 
iiniliT  tlio  Duko  of  York  iw  Lord  I'roprii'tcir. 

8Sii  Rtjled  ill  the  Miiiior-Oniiit,  Imt  iiHimlly  proiiDUiiuod  "  I'hlllji*!- 
burgh." 


TllK   OUIG[N   AM)   IlISTOllY   OF  THE   MANORS. 


every  Hhilliiifr  iif  quit-rent.  Tlio  exteimionii  ci>ntinuc<l 
to  l)e  iua<le  neiirly  evtry  year  up  to  IHl.S,  wlieii  all 
l>Hvnu>iitH  and  coiiiiiiutatioiiH  were  HiiH|it'ii<l<'(l  for  two 
yean*.'  In  ISl.'),  the  (J(>in|itroller  waM  aulliorizud  to 
Ht'll  and  <-oiiiniut«>,  on  the  aanie  terms  tm  l)eton',  but 
ill  a  method  tt|iecifie<l  in  the  Act.'  In  IHjti  and  1817 
two  more  ActM  were  piwHcd  regulating  and  lixing  the 
whole  itultject  and  |daciiig  it  in  the  handi*  ot'theHtate 
Comptroller,  and  under  theae  the  (|uil-rentM  were 
gradually  eommuled  until  ahoiit  the  year  \X2'-i,  when 
Commutation  had  heen  made  tor  nearly  all  the  landH 
Niilijeet  to  then),un<l  the  (luit-rento  became  finally  ex- 
tinguitthed. 

Another  subject  re<|uire8  brief  mention  in  thiH  plaee. 
In  the  account  of  the  old  Kngli^h  Manors  which  has 
been  given  before,  little  or  no  mentiun  has  liecii  made 
of  the  Oipyhold  lands.  TIiIh  was  because,  copyhold 
IiiikIh  as  j)uch  did  not  exist  in  the  New  York  Manors. 
The  Co])yludd  Tenure  in  Kngland  grew  out  of  iind 
was  simply  an  enlargement  by  custom  of  the  greater 
firiti/  of  the  villein  holdings  of  the  manors,  which, 
as  has  been  shown,  were  originally  terminable  at  the 
will  of  the  Lord.  As  the  custom  of  permitting  the 
villeins  to  hold  their  lands  from  father  to  son  in- 
creased, it  finally  became  regulated  by  the  Steward  of 
the  Manor  forming  a  Court  roll  of  such  holdiiiga  in 
the  Court-lJaron,  and  for  the  tenants  when  a  death  or 
other  termination  of  such  a  tenancy  by  gift  or  pur- 
chase occurred,  to  apply  at  the  Court- Haron,  over 
which  the  Steward,  in  the  absi'ucc  of  the  Lord,  pre- 
sided, for  an  entry  of  such  change  in  this  Court  roll, 
a  copy  of  which  was  given  to  the  new  tenant. 
From  this  custom  such  tenants  were  callc(l  "Tenants 
l)y  copy  f)f  Court  Roll,"  and  in  shorter  terms  '"  C'o|)y- 
holders."  As  the  tenure  grew  .><olely  out  of  a  custom 
(if  the  Manors,  it  could  only  exist  in  ^lanors  old 
enough  to  have  a  custom.  Hut  as  the  freehold 
JIanors  of  New  York,  were,  as  above  shown,  all  New 
Manors,  no  custom  of  a  manor  could  possibly  exist 
ill  the  Manors  in  that  Province,  and  consequently 
there  could  not  oe  any  "Copyholds"  or  "Co]»y- 
holdeis  "  tlu'iein. 

In  Kngland  at  this  day,  it  may  be  said,  that  with 
fvw  exceptions,  all  the  lands  of  the  old  manors 
exceiit  the  jirivate  demesne  binds  of  the  Lords,  have 
long  since  become  ( 'ojiyhold  lands,  iind  their  Tenants 
Copyh(dders.  Manors  there  are  frei|uently  bought 
and  sold  as  a  whole,  and  the  purcbiiser  succeeds  to  all 
the  rights,  franchises,  privileges,  and  powers  of  the 
original  Lord  of  the  Manor.  In  the  growth  of  Eng- 
land many  Manors  have  become  enormously  valuable, 
by  the  spreading  over  them  of  large  tf)wn»  and  cities. 
Hence  many  rich  men  have  bought  out  these  old 
Manors  when  in  the  neighborhood  of  flourishing  cities 
and  towns  as  an  investment,  or  on  speculation.  Tb' 
Lords,  whether  old  or  new  ones  are  always  ready  in 
such  cases  to  sell  the  fee  of  these   Manor  lands  on 


■  Cli.  2:t2  of  Lnwi  of  18 IH. 


>Ch.20QarLawaafl81.'> 


satisfactory  terms,  which  is  termed  EnfranrhiMing  tbe 
lands.     It  will  be  seen  when, a  town  or  city  has  over- 
grown a  Manor  and  the  latter  has  been  divide:',  .iito 
I  lots  how  very  valuable  manors  ii<  such  a  condition 
1  become.    The  writer  personally  knew  of  such  an  in- 
I  stance  in  (Jloucestershire,  where  the  City  of  Chelten- 
I  ham  has  spread  over  the  Manor  of  that  name 
j      A  little  upwards   of  twenty  years  ago,  that  manor 
I  was  purchased  in  the  manner  just  mentioned,  and  the 
j  new  Loril  issued  through  his  Steward,  who  was  also 
I  the  Steward  of  the  former  Lord,  his  proposals  for  En- 
franchising the  lots  in  the  Manor  within  that  City.  A 
copy  of  them  is  here  given  aa  an  illustration  of  the 
nature  and  working  of  copyhold  lands  in  an  old  Eng- 
lish Manor,  and  their  advantages  and  disadvantages, 
and  the  method  by  which  they  can  become  lands  in 
fee  simple.     Although  no  copyhold  lands  did  exist  or 
could  have  existed,  in   New  York  the   matter  is  of 
interest  in  connection  with  the  general  subject  of  thiB 
essay. 

".MANOR  OF   CHELTENHAM. 

Enfranchi»emenl  of  Copyhold  Property. 

The  Purchase  by  Robert  Sole  Lingwood  Esquire  of 
the  Manor  of  Cheltenham  having  been  completed,  we 
are  n.Miuesteil  by  him,  as  Lord  of  the  Manor,  to  signify 
to  the  Copyholders  that  every  facility  will  be  aflbrded 
to  those  who  desire  to  enfranchise  their  Copyhold 
Projterty,  and  that  the  terms  on  which  such  enfran- 
chisement may  be  ed'ected  can  be  ascertained  either 
through  us  or  by  application  to  Mr.  Lingwood. 

Whilst  very  reasonable  terms  will  now  be  accepte<l 
to  induce  the  Copyholders  to  avail  themselves  of  the 
present  op|iortunity  to  effect  etifranchisements,  the 
Lord  of  the  Manor  directs  us  to  inform  the  Copyhold- 
ers that  he  re(|uires  all  Leaae^  and  dealings  by  the 
Owneixwith  their  Copyhold  Tenements  to  be  made 
in  strict  conformity  with  the  Act  of  Parliament  reg- 
ulating the  Customs  of  the  Manor;  and  this  notifica- 
tion is  rendereil  the  more  necessary  because  Leases 
have  lieretofore  frequently  been  made  and  executed 
by  Tenants  of  the  Manor  in  violation  of  the  Custom 
regulating  the  mode  of  leasing,  and  because  a  Lease 
of  Copyhold  properly  by  the  Owner  made  contrary  to 
the  Custom  occasions  an  absolute  forfeiture  to  the 
Lord  of  the  property  so  leased. 

.'Viiiong  the  objections  to  Copyhold  property  which 
will  be  got  rid  of  by  En fraiichisemeiit  may  be  enu- 
merated the  following  : 

1.  The  risk  of  forfeiture  of  the  property  by  reason 
of  ignorance  in  granting  Leases  contrary  to  the  Cus- 
tom.— 

2.  The  expenceof  the  perpetually  recurringStewarda' 
fees  ])ayable  on  every  occasion  of  dealing  by  Sale  or 
Mortgage  with  the  Copyhold  ])roperty. — 

3.  The  like  expence  of  Stewards'  fees  payable  on 
the  death  of  every  Owner  of  ("()|>yhold  property,  for 
the  admittance  of  his  heir  or  devisee. — 

4.  The  expence  and  inconvenience,  frequently  oc- 


98 


HISTOllY  OF  WESTCHESTER  COUNTY. 


casioned,  to  the  Wife  of  a  Copyholder,  of  having  to 
travel  from  a  tlistaiiee  to  make  in  person  a  surrender 
of  property  sold  or  mortgajjed  by  her  Husband. — 

5.  The  liability  to  publicity  t-onaequcnt  on  the  sur- 
render of  Copyholds  being  made  in  open  Court,  and 
the  proceeilings  being  recorded  on  the  Court  Rolls 
which  are  accessible  to  all  th^  Tenants  of  the  Manor. 
This  is  particularly  objectionable  with  reference  to 
Mortgages.  — 

f).  The  liability  to  absolute  forfeiture  of  the  prop- 
erty, if  the  Owner  dig  clay  or  brickcarth  therefrom,  or 
cut  timber,  or  otherwise  commit  waste  without  the 
previous  sanction  of  the  Lord. 

Many  other  grounds  might  be  stated  in  favor  of  the 
Enfranchisement  of  Copyholds — butthc  foregoing  are 
Bomeof  the  more  important;  and  in  Cheltenham, where 
pi'^-half  of  the  property  is  Copyhold,  notliing  iwed 
i/e  added  to  shew  the  importance  of  the  Copyholders 
nvai"  %  themselves  of  the  op.ortunity  now  ottered  to 
them  >,;'  immediately  enfranchising  their  property  on 
reiisonable  terms. — 
Cheltenhiim  W.  U  ftWiXNKlT, 

19  .January,  18<)3.  Steward  of  the  Manor." 

One  incident  of  a  nninor  was  the  right  to  tithes  which 
sometimes  could  be  ac(|uired  by  tli"'  lords  by  prescrip- 
tions. This  incident,  as  the  miuiors  of  New  York  were 
new,  was  of  little  value  for  no  prescription  could  attach 
to  a  new  manor.  It  is  singular,  however,  that  in  the 
very  firsi  manor  erected  in  WestcluMter  County,  that 
of  Fordham,  in  1G71,  provision  was  nimle  for  the  pay- 
ment of  a  parson  when  it  should  hav(;  iiihal)itants. 
Its  Jjord,  .John  Archer,  and  his  heirs,  were  granted 
the  privilege  of  obliging  the  inhabitants,  when  there 
should  be  enmigli  of  them,  to  contril>utc  to  the 
maintenance  of  a  minister.'  Had  IIiIm  been  done 
which  it  never  was,  the  method  of  contribution  would 
naturally  have  been  by  tithes.  As  tithes  were  not 
known  in  America,  it  is  perhaps  well  to  explain 
brietly  what  they  really  were.  During  the  (irst  agis 
of  Cliristianity  tiio  cler,^  'ere  su|)ported  by  the 
voluntary  ott'erings  of  the 
precarious  subsistence  the 
siastics  in  <-v,  ry  country  i 
the  Jewii-:!  i  ."'.v  claimed 
tablished,  ..  -v''-  to  (,h 
(sf  l.w;;d8.  This  right  appears  to  have  been  fully  ad- 
mitted in  Fngland  before  the  Norman  ( 'cmiucHt,  and 
acquired  the  name  of  tithe  from  a  Saxon  word  sig- 
nifying tenth.  "  Dismes  or  Tithes  are  an  Fcclesias- 
tieal  inheritance,  collateral  to  the  estate  of  the  land, 
and  of  their  propi  r  initure  due  only  to  KcclesiaLtical 
persons  by  the  ecclesiastical  law.-  They  were 
merely  a  right  to  the  tenth  jjart  of  the  produce  of 
the  soil,  produce  of  live  stock,  and  the  iiersonal  in- 
dustry of  the  inhabilaiit:<,  in  return  for  the  bcnclil  the 
latter  derived  from  the   ministry   of  their  spiritual 

'  Muiiiir  (Jniiit  of  Foiinmin.    TT,  noll.m,  VKl,  2.1  iil.,  ami  iwol. 
>II,  D'Aviirr's  AbriilftiiicMit  i<f  Cuiii.  I,nw,  Mi. 


;ks.     Hut  this  being  a 

it  is  now,  the   cccle- 

^urope,  in  imitation  of 

id  in  course  of  time  cs- 

?nth  of  all  the  produce 


])astors.  They  were  an  application  of  the  Mosaic 
law  to  modern  exigencies,  very  similar  to  certain  ap- 
plications of  other  parts  of  that  dispensation  to  their 
own  exigencies  by  the  Puritan  settlers  of  New  Kngliind, 
and  were  like  the  latter,  strictly  enforced.  Both  were 
simply  methods  of  paying  the  clerg; ,  They  were  of 
various  kinds  and  descriptions  varying  with  the  ]>ro- 
ducts  of  the  soil,  but  these  recpiire  no  further  men- 
tion here. 

Glebe  lands,  however,  were  very  common  in  Amer- 
ica, in  New  Y'ork,  and  in  Westchester  County.  They 
were  lands  given  as  an  endowment  by  the  Lords  of 
Manors,  and  other  large  landholders,  for  the  support, 
or  in  aid  of  the  support,  of  Rectors,  or  other  clergy- 
men, of  parishes.  The  original  parishes  of  West- 
chester County  all  had  glebes;  and  so,  towards  the 
close  of  the  Coh)nial  era,  had  the  different  churches 
and  parishes  erected  and  formed  at  ditl'rreut  places, 
out  of  those  parishes.  Of  course,  all  the  original  par- 
ishes as  well  .18  the  later  ones,  were  jiarishes  and 
churches  of  the  Church  of  England,  as  is  shown  by 
their  very  nomenclature.  A  nomenclature  which  the 
dissenting  organizations  of  all  kinds  always  repud- 
iated, and  never  have  used,  since  they  severally  came 
into  existence  during  the  last  three  centuries.  Like 
all  English  parishes  these  in  Westchester  County 
were  territorial  divisions,  each  having  Church  War- 
dens, Vestrymen,  ;.nd  minor  Parish  ofHcers. 

In  aildition  to  their  duties  and  powers  relative  to 
the  Parish  church,  its  Rector,  and  the  nuiintenance,  of 
church  services  in  their  I'ullness  and  propriety,  the 
Wardens  and  Vestrymen  possessed,  exercised,  and 
were  by  law  bound  to  perform,  many  civil  duties,  now 
laid  U])on,  and  pertormed,  by  Town  and  County  offi- 
cers, such  as  the  repairs  of  highways  and  bridges, 
mainteinince  of  the  jMKir,  the  assessing  and  collection 
of  rates  and  taxes,  and  similar  local  duties,  including 
the  i)reservatiou  of  the  public  peace.  They  were  not, 
as  Church  wardens  and  Vcstrynieii  now  are,  officers 
of  a  |iurely  ecclesiastical  organisation,  but  the  civil 
officers  of  the  parishes  or  territorial  organi/ations  of 
the  church  of  Hngland,  as  established  by  law  in  the 
County  of  Westchester,  They  were  elected  by  all 
the  freeholders  rtsidentin  their  respec.ve  i>arishes, 
whatever  their  religious  views  miglit  be.  And  before 
entering  upon  the  duties  of  their  offices,  pursuant  to 
a  law  of  the  Province  passed  the  27th  day  of  .Fuly 
1721,  took  the  following  oath  anninilly,  which  of 
itself  <l('inonstrates  their  powers  in  one  of  the  im- 
portant respects  Just  mentionc<l : — 

"  You  do  Swear  on  the  Holy  Evangelist,  That  you 
and  every  of  you  slmll  well  and  truly  execute  tiie 
Duty  of  an  Assessor,  and  Eipiully  and  Impartially 
assess  the  scvt.'ral  Freehu/den  ciiil  inhab'tanfii,  accord- 
in;/  to  the  ca/iic  nf  their  retpcctive  /'jKtafen,  in  an  equal 
jiroportioii,  in  eirri/  of  i/oiir  ri»pirtivc  City,  OuKiiticn, 
anil  J'rrcinclx,  for  irhich  i/oii  ore  chouc  \\i>lni-mru  and 
wrordiiiij  III  i/oiir  ltr»t  Skill  mid  Kiioiclidije  therein. 
Voii  nhall  tpiire  no  jxrmmii  for  Ihvoiir  or  Affection,  or 


THK  ORKIIN   AND   HISTORY    OF  THE   MAXOHH. 


<)!'l 


grirrc  anij  prrKon  for  Hittrrd  or  III  Will.      So  Help 
you  God!"  ' 

Their  j)owers  and  duties  of  every  nature  were  per- 
fectly well  undenstood  nnd  aeknowledged,  nnd  their 
authority  obeycil,  without  hesitation,  by  the  people  of 
Westchester  tNiiiuty  tliroupliout  the  Colonial  era.  Oc- 
casionally some  bitter  opponent  of  the  church  of 
England  would  try  to  prevent  the  performance  of 
their  legal  duties  or  the  legal  exercise  of  their  powers, 
by  word,  and  deed,  sonietinies  with  great  heat  and 
violence,  Just,  as  the  dissenting  clergy  did  in  nuitters 
of  the  exercise  of  clerical  functions.  Hut  their  legal 
rights  and  duties  as  ])arish  officers  under  the  laws  of 
the  Province  were  never  contested  or  detiied  in  the 
Courts  of  the  Province.  The  People  ki'cw  them 
perfectly  and  acted  accordingly.  A  remarkable 
proof  of  this  was  furnislKMi  in  the  case  of  the  Parish 
of  Rye,  in  17!t4,  eleven  years  ath'r  the  peace  of 
I7HH.  and  six  years  after  the  first  organi/ation  of  the 
County  into  townships,  in  lti8H,  which  terminated 
the  political  existence  of  the  Parishes  and  the 
Manors.  Certain  creditors  of  the  "  late  Parish  of 
Rye,"  in  that  year  obtained  )>nyment  of  the  debts  due 
them  from  the  various  newly  organized  towns  form- 
erly parts  of  that  Parish,  'iirongh  an  Act  of  the  Legis- 
lature of  the  State  ](as<ed  for  that  express  jiurpose. 
The  executors  of  on.- of  the  Creditors  sued  ".foshua 
Purdy  one  of  the  <  hurch  Wardens  of  the  late  Parish 
of  Rye"  and  recovered  jud;jment.  Thereupon  iie  and 
the  other  creditors  laid  the  case  before  the  I/Cgislat- 
ure  which  granted  the  relief  sought  by  passing  the 
following  Act,  thus  showing  the  cont'-  icd  and  ac- 
knowledged lawful  action  of  the  Pan  uid  officers  of 
the  Parish  of  Rye,  under  the  >rinistry  Act  of  1(>9M, 
which  created  the  Parish,  up  to  its  extinction  by  the 
Act  of  17H4,  repealing  thai  Act,  and  its  .•<ulisei|iu'nt 
transformation  into  townships  by  the  .\ct  of  ITHH. 
The  Act  with  its  interesting  preanii)le,  an<l  severe  pro- 
visions for  its  due  enforcement  is  in  these  words; — 

.In  Act  for  riiii>iiit/  Mnnim  in  urnur  /mm  tlir  hi(r 
J'arinh  of  h't/e,  in  llie  ( 'ountij  of  WestchfKlir. 

ramrd  thr  iXf/i  n/Janmirij  1794. 

Whereas  it  hath  been  represented  to  the  I<egisla- 
ture  that  a  judgment  of  fourteen  pounds  damages 
hath  been  obtained  by  the  executors  of  ,Iolin  Law- 
rence, deceased,  against  .'osliua  Pu..ly,  as  one  of  the 
late  Church  Wardens  of  the  late  Parish  of  Rye,  in 
the  ('(Uinty  of  Westchester,  for  monies  in  arrear  to 
their  late  testator  for  keeping  and  supporting  a 
pauper  committed  to  his  care  by  the  said  Joshua 
Purdy,  together  with  the  Costs  of  suit,  and  that  other 
monies  are  in  arrears  fmni  the  late  parish  of  Rye  to 
other  piTsons  ;  'riierefore  ; 

\\v.  IT  Knactkd  1)1/ the  IWple  of  llie  Statr  lA'  New- 
York,  represented  in  Senate  and  Assembly,  That  it 
shall  and  nu>y  be  lawful  for  the  Supervisoi-s  of  the 
said   County  of  Westchester,  or  the  nuijor   part   of 


them,  and  they  are  hereby  required  at  their  next 
annual  meeting  to  examine  into,  and  ascertain  the 
amount  of  the  monies  so  recovered  as  aforesaid,  as 
also  the  costs  of  defending  the  said  suit,  and  to  ascer- 
tain also  the  amount  of  other  monies  so  due  from  the 
late  Parish  of  Rye  as  aforesaid,  and  to  cause  the  said 
monies,  and  also  such  other  sum  or  sums  of  money  as 
they  shall  find  to  be  bo  due,  together  with  one  shil- 
ling in  the  pound  for  collections,  and  three  pence  in 
the  pound  for  the  fees  of  the  County  Treasurer  for  re- 
ceiving and  paying  the  same,  to  be  levied  on  and 
raised  from  the  Towns  which  constitute  the  said  late 
Parish  of  Rye,  in  the  same  manner  as  the  contingent 
charges  of  the  said  County  are  usually  raised  ;  which 
monies  when  so  raised,  shall  be  paid  by  the  Collect- 
ors respectively,  to  'he  Treasurer  of  the  said  County 
on  or  before  the  firs..  '  aesday  of  February  in  the  year 
one  thousand  seven  hundred  and  ninety-five,  who 
shall  pay  the  same  after  deducting  his  fees,  to  the 
persons  to  whom  the  monies  are  due;  and  if 
any  Collector  shall  refuse  or  neglect  to  perform 
the  duty  required  of  him  by  this  act,  he  shall 
forfeit  and  pay  the  sum  of  twenty  pounds  to  the 
Treasurer  of  the  said  County  to  be  recovered  with 
costs  in  any  Court  having  cognizance  thereof  by  an 
,\etion  of  debt  in  the  name  of  the  Treasurer  of  the 
said  County  for  the  time  being,  and  to  be  disposed  of 
for  the  use  of  the  snme  County  in  such  manner,  and 
for  such  purposes  as  the  Supervisors  of  the  said 
County,  or  the  Major  part  of  them  shall  think  proper 
and  direct.' 

II. 

T/ii'  Church  of  Knfiliinil  I'amcliidl  nrijiniiznttnn  in 
\Vi»t  Clicxtfr  Cinintij  in  iU  relation  to  tin' 
yfiinum  thirein. 
In  ICngland  the  Houndaries  of  a  Parish  and  it 
Manor  were  otten  coiiu'ideut,  and  in  the  very  earliest 
times  this  was  gi'ncrally  the  case.  Later  a  Manor,  ot- 
te!i  emliraceil  more  than  one  Parish.  Sometimes  a 
Parish  contained  within  its  limits  two  or  more  Manors 
or  parts  of  Manors,  and  lauds  iu)n  Manorial.  In  New- 
York  the  latter  was  the  case.  In  the  County  of  West- 
chester the  Parish)"' erected,  in  WX\  by  an  act  of  the 
Legislature  v.er  ili-  ' '"arish  of  Wi.'stchester,"  anil 
the  "  Parish  of  Rj  ..'  The  former  included  West- 
chester, '  iastehester,  Yonkci-s  and  the  Manor  of  Pel- 
ham,  '.iu'  latter  Rye,  Mamiironeek,  and  lledford.' 
These  divisions  were  termed  the  "  Preciiu-ts"  of  these 
'Parishes,  The  Parish  of  Westchester  included  the 
three  .tLiUors  of  Pelham,  Morrisauia,  and  Fordliam, 
witii  the  lower  part  of  Pliilip^^eburgh.  The  "'fen 
Farms,"  as  Eastchester  was  originally  termed,  were 
separated  from  the  mother  Parish  and  erected  on  the 
petition  of  its  peo|ile  into  a  Parish  by  itself  in  the 
year  17<>(),  under  a  special  act  of  the  Legislature,  "  by 
the   name  and  stile  of  The  Parish  of  Eastchester  in 


<  II.  !lm<iruii|-|i  l,HHt,  211  ;  1.  I.iv.  ,t;Mi.|llli,' 4.(0. 


t. 


■l.ii«B,i|  the  I7tli  Si'iwlon  .\.l>.  ITIII,  |>.  fi. 
>■<.  Ilrniironl,  W-W. 


100 


HISTORY  OF  WESTCHESTER  COUNTY. 


the  County  of  Westchester."  '  The  '  Parish  of  Rye" 
inchuled  the  Manor  of  Scarsdale,  and  the  non-man- 
orial laiuU  of  Rye  and  Bedford. 

Later  Yonkers  was  taken  from  Westchester,  and 
made  a  Parish  l)y  itself.  It  was  the  only  Parish 
entirely  embraced  within  the  limits  of  a  Manor,  being 

wholly  included  within  the  boiuulariei*  of  Philinse-  1 

'  i 

burgh  as  they  are  described  in  the  Manor-Grant  of  j 

that  Manor.     New  Rochelle   was  taken  out  of  the 

Manor  of  Pelhnni  and  ^'ventually  made  a  Parish   by 

itself,    though  it   long   continued  a    Precinct  of  the 

Parish  of  Westchester. 

These  were  ♦'  .•  Parishes  in  Westchester  County, 
one  of  the  four  unties  of  New  York,  in  which,  the 
Church  of  England  became,  under  the  legal  action  of 
the  Crown  of  England  in  its  c(in<|uered  Province,  the 
Established  Church  ;  the  others  being  the  Counties  of 
New  York,  Richmond,  and  C^ueens. 

A  misconception  has  existed  in  relation  to  the 
origin  ami  entabHshnifnt  of  the  Church  of  England 
in  tb<)  i)art  of  the  territory  of  New  York,  comprising 
the  four  t'ounties  that  have  been  named.  It  has  been 
owing  mainly  to  the  little  attention  bestowed  on  the 
subject,  both  by  those  who  are  now  tlie  successors  in 
belief  of  the  Church  of  England  since  the  American 
Revolution,  and  those  of  the  dissenting  ecclesiastical 
organizations.  The  few  writers  who  have  referred  to 
the  subject  at  all,  have  taken  for  granted,  and  honestly 
believed,  that  no  such  establishment  ever  existed, 
and,  of  course,  have  written  in  that  belief  and  with 
that  idea.  lUit  some  attention  to  the  .Vuthorities, 
and  the  then  law,  bearing  upmi  the  siiUji-ct,  will  show 
that  the  current  popular  opininn  is  not  as  well  (bund- 
<>d  as  has  been  supposed. 

The  (piestion  is  a  purely  historical  one.  And  on'y 
!n  an  historical  point  of  view  can,  and  will,  it  be  con- 
-sidered  here. 

From  and  after  the  English  coni|Ucst  of  New  York 
in  Ul(!4,  excepting  only  the  fifteen  months  that  the 
Dutch  recon(|Uest  of  KiTI!  lasted,  under  all  the  Eng- 
lish Governors,  their  Chaplains  maintained  the  ser- 
vices of  the  Church  of  Etiglaiul  and  perliirmt'd  all 
i'lerical  duties  in  the  cba|)el  in  the  Fort  in  New  York. 

By  the  several  "Commissions''  and  "Instructions" 
to  the  (iovernors  under  the  signs-nnitnnil  of  their 
Sovereigns,  and  their  several  oiillis  uf  ollice,  the  dif- 
ferent (iovernors  were  coiiiiiiaiiiie(l  and  compelled  to 
nuiintain  and  support  the  ('hurch  of  England  in  the 
Province  of  -New  York.  This  was  tiie  exercise  in 
New  York  of  a  )iower  which  was  legally  vested  in 
the  Sovereign  of  England  by  the  law  of  England,  and 
which  by  his  coronation  oath  lie  was  bound  to  exer- 
eise.  Although  so  strictly  commanded,  the  (iovernors 
were  unal)ie  to  carry  out  their  Instrnetions  in  any 
other  way  than  in  the  King's  chapel  in  the  Fort,  as 
aliove  stated,  for  twenty-nine  years.  This  was  owing 
to  the  fiict  that  the  English  spenking  peojde  in  the 

>  II.  llnxironl,  :i!i. 


Province  were  so  few  in  eou^parison  with  the  Dutch, 
and  the  French,  (the  latter  alone  being  one-fourth  of 
the  ("ity  po]>ulation  prior  t^)  17!K)),  that  the  church  in 
the  F'ort  was  sufficient  for  their  needs  in  the  City ; 
while  those  in  other  parts  of  the  Province  where 
there  were  any  English  at  all  were  so  very  few,  that 
it  was  im]>ossible  to  act  at  all  in  the  matter.  All  this 
time  it  must  be  borne  in  mind  that  the  Ccinmissions 
and  Instructions  of  the  Governors  were  continually 
in  force.  At  length  the  increase  of  thj  English 
population  became  sufficient  to  justify  a  movement 
putting  them  in  operation.  On  the  28th  of  August, 
l()i)2.  Colonel  Benjamin  Fletcher  arrived  in  New  York 
as  Governor  in  the  ship  "  Wolf,"  having  been  ap- 
])ointed  by  William  and  Mary  on  the  18th  of  the 
preceding  Jlarch.'^  He  was  wannly  attached  to  the 
Church  of  England.  Chief  Justice  Lewis  Morris  in 
a  judicial  <»pinion  in  1701,  speaks  of  him  as  "Coh)nel 
Fletcher  (justly  styled  the  great  patron  of  the  Church 
of  England  here)."  '  At  his  instance,  pursuant  to  his 
Coinmissiou  and  Instructions,  the  Legislature,  com- 
posed of  the  Governor,  Council,  and  Assembly,  an- 
swering to  the  presr  lit  Governor,  Senate  and  Assembly, 
passed  on  the  24tli  of  March,  Ki'.t;},  seven  months  only 
after  his  arrival  as  Governor,  "An  Act  for  Settling  a 
Ministry  and  Raising  a  Revenue  for  them  in  the  City 
of  New  York,  County  of  Richmond,  Westchester  and 
Queens  Counties."*  This  act  gave  an  ini|)etus  to  the 
Church  of  England  in  New  York,  which  it  never  af- 
terwards lost,  rnder  it  and  the  etl'orts  and  support 
of  a  few  P^iiglish  Churchmen  in  the  City  of  New 
York  who  had  oiL'iini/.ed  lliemselves  into  a  body 
styled  "The  Manancrs  "I  IJ].- Church  of  England  in 
New  York,"  at  the  head  ot  which  was  Colonel  Caleb 
Heatheote,  that  Church  began  a  growth,  which  has 
continued  to  this  day.  Increasing  ever  after,  some- 
times faster,  sometimes  slower,  that  Church  became 
during  the  Colonial  era,  as  it  has  continued  to  be 
since  the  American  Revolution,  under  its  present 
title  of  the  Protestant  lOpiscopal  Church  in  the  United 
States,  the  lea<ling  ehiircli  in  inlluence  and  standing, 
but  not  in  luiml.crs,  in  the  City,  Province,  and  now 
State  of  New  York. 

rnder,  or  rather  by,  this  Act  of  Itlli;!,  the  Par- 
ishes of  Westchester  Ciainty  were  constituted. 

The  reasons  why  this  "Ministry  .\ct,"  as  it  was 
ciiiumonly  styled,  was  eoiitined  to  the  regions  it  names 
in  establishing  the  Church  of  England  have  not  been 
adverteil  to  by  any  writer  who  has  mentioned  it.  The 
Counties  it  designates  were  the  only  |iortions  of  the 
Province  in  which  English-speaking  people  dwelt, 
with  the  single  exceiition  of  the  County  of  Sull'olk,  in 
the  eastern  portion  of  Long  Island.  In  all  the  other 
counties  of  the  Province,  the  Dutch,  with  many 
French  in  two  or  three  of  them,  weri^  the  sole  inhabi- 
tants.    In  those  counties  the  Dutch  church,  for  fltly 

•  tl<.  Cul  fflrt ,  M'\  n:i:i.  <■  rimluien  0|ilnloni,  liST. 

'    '    '         ,  '.    .    'Ml.  Bimircmrn  I.HW1I,  111. 


THE  ORIGIN   AND   HISTORY   OF   THE   MANORS. 


101 


years  prior  to  lt»i)4,  the  Established  Church  in  the 
Province,  with  which  the  French  Protestants,  outside 
of  New  York  City,  generally  affiliated,  was  maintained 
in  it»  worship,  privileges,  property  and  dependence  ou 
the  Church  of  Holland,  by  the  Crown  of  England,  pur- 
suant to  the  Articles  of  Surrender  of  ll)tj4,  the  Treaty 
of  Ureda  in  IWJT,  and  the  Articles  of  Surrender  of 
1674.  All  that  it  really  lost  by  the  change  of  dominion 
from  Holland  to  England  was  the  pecuniary  support 
it  derived  from  the  Dutch  West  India  Company  under 
the  (lift'erent  charters  of  Freedoms  and  Exemptions, 
and  the  title  of  the  '  Established  Church.'  Hence  it 
was  impossible  to  establish  the  English  Church  in 
those  parts  of  the  Province,  where  not  only  were 
there  no  English-speaking  people,  but  where  the  pre- 
existing Dutch  Church  was  guaranteed  by  the  English 
Crown  in  its  faith,  worship,  and  rights  of  property, 
neither  of  which,  by  the  law  of  the  land,  could  be 
interfered  with  in  any  way  whatsoever.  In  Sulfolk 
County,  the  only  other  Englisli-speaking  region  of 
the  Province,  there  existed  an  Established  church, 
the  Congregational  Church  of  New  England.  That 
County  claimed  to  be  a  part  of,  and  was  claimed  by, 
the  Colony  of  Connecticut,  was  represented  for 
years  by  delegates  in  the  "  General  Couri,  ''  at 
Hartford,  and  was  an  integral  part  of  that  Colony. 
As  such,  the  "General  Court,"  under  the  "  Hody  of 
Laws  of  Conuecticut,  concluded  and  established  in 
May,  l(i50,"  ruled  supreme  in  church  and  state  on  the 
east  end  of  Long  Island.  What  that  rule  so  "estab- 
lished "  was,  is  best  stated  in  the  very  words  of ''  The 
Laws  of  Connecticut  Colony."  "  It  is  ordered  by  the 
Authority  of  this  Court;  That  no  persons  within  this 
Colony  shall  in  any  wise  imbody  themselves  into 
Church  Estate  without  consent  of  the  General  Court, 
and  the  approbation  ot  Neighbour  Churches. 

"  It  is  also  ordered  by  this  Court;  That  there  shall 
be  no  Ministry  or  Church  Administration  enterttiiued 
or  attended  by  the  Inhabitants  of  any  Plantation  in 
this  Colony  distinct  and  separate  from  and  in  opposi- 
tion to  that  which  is  openly  and  publicly  observed 
and  dispensed  by  the  approved  Minister  of  the  place, 
except  it  be  by  approbation  of  this  Court  and  Neigh- 
bour Churches,  upon  penalty  of  the  forfeiture  of  Mvt 
pounds  for  every  breach  of  this  order 

"  This  Court  having  seriously  considered  the  great 
Divisions  that  arise  amongst  us  about  matters  of 
Church  Government,  for  the  Honour  of  God,  welfare 
of  the  Churches,  and  preservation  of  the  publick  peace 
so  greatly  hazarded. 

"Do  Declare ;  That  whereas  the  Congregational 
Churches  in  these  parts  for  the  general '  of  their  Pro- 
fession and  practice  have  hitherto  been  approved  ;  We 
can  do  no  less  than  approve  and  countenance  the 
same  to  be  without  disturbance  until  better  light  in 
an  orderly  way  doth  appear. 

"  Hut  yet  forasmuch  as  sundry  persons  of  worth  for 


>  80  In  the  orlgtiukl. 


prudence  and  piety  amongst  us  are  otherwise  perswad- 
ed  ^whose  welfare  and  peaceable  satisfaction  we  desire 
to  accommodate ;  this  Court  doth  Declare;  That  all 
such  persons,  being  so  approved  according  to  Law,  a» 
Orthodox  and  Sound  in  the  Fundamentals  of  Chris- 
tian Religion,  may  have  allowance  in  their  perswn- 
sion  and  Profession  in  Church  ways  or  Assemblies 
without  disturbance.  .  .  . 

"  It  is  further  ordered ;  That  wheresoever  the  Minis- 
try of  the  Word  is  established  according  to  the  order 
of  the  Gospel  throughout  this  Colony,  every  person 
shall  duely  resort  and  attend  thereunto  respectively 
upon  the  Lord's  day,  and  upon  such  publick  Fast 
dayes  and  dayes  of  thanksgiving,  as  are  to  be  general- 
ly kept  by  the  appointment  of  Authority.  And  if  any 
]>erson  within  this  Jurisdiction,  shall  without  just  and 
necessary  ciiuse,  withdraw  himself  from  hearing  the 
])ublick  Ministry  of  the  Word,  after  due  means  of 
conviction  used,  he  shall  forfeit  for  his  absence  from 
every  such  meeting _A'i'e  ahillings.  .  .  . 

"  It  is  ordered  by  this  Court ;  That  the  Civil  Authori- 
ty here  established  hath  power  and  liberty  to  see  the 
Peace,  Ordinances  and  Rules  of  Christ  be  observed  in 
every  church  according  to  his  Word  ;  as  also  to  deal 
with  any  Church  nicmbci'  in  a  way  of  civil  justice 
notwithstanding  any  Church  relation,  office,  or  inter- 
est, so  it  be  done  in  a  civil  and  not  in  an  ecclesiasti- 
cal way,  nor  shall  any  church  censure  degrade  or  de- 
pose any  man  from  any  Civil  l)ignity.  Office  or  Au- 
thority he  shall  have  in  the  Colony.' 

Such  was  the  Established  Congregational  Church 
of  Connecticut,  on  the  East  end  of  Long  Island.  To 
both  it  and  the  Colony,  the  final  determination  of  the 
Joint-Commission  appointed  to  settle  the  boundary 
(piestion  after  the  Dutch  surrender,  that  the  eastern 
part  of  Long  Island  was  included  in  the  Duke  of 
York's  Patent  and  was  a  i)art  of  New  York,  was  a 
blow  as  severe  as  it  was  unwelcome,  and  the  people  of 
that  region  protested  against  it,  but  in  vain.  Al- 
th(mgh  this  decision  severed  the  civil  connexi'>ii 
between  Sutl'olk  County  and  the  Colony  of  Connecti- 
cut, it  did  not  affect  the  ecclesiastical  connexion  be- 
tween them  except  that  it  ended  the  hitter's  power  to 
enforce  its  church  laws  there  by  the  civil  arm.  And 
its  ellect  is  perceptible  to  this  day,  notwithstanding 
the  fact,  that  Presbyterianisra  came  there  about  1717, 
and  that,  since  the  American  Revolution,  several 
other  forms  of  Christian  belief  have  obtained  11 
footh(dd  in  that  County.  So  strong  was,  and  is, 
this  old  feeling,  that  the  editor  of  the  Southampton 
Records,  published  in  1S77,  says  in  his  preface  to  the 
hecond  volume,  "  Had  the  wishes  of  the  peoplu  been 
consulted,  this  union  would  have  still  continued,  and 
to-day  our  dehgatee  to  the  Legislature,  would  asccml 
the  Connecticut  Kiver  rather  than  the  Hudson."'' 

These  were  the  caiisoH,  the  efficiency  of  which  can- 


9  lliH>k  of  rhe  Oeneral  Lswn,  collected  out  of  the  HvconU  of  the  (li'iieiul 
roiirt,  |<|).  21,  tl-    nrliili'.T'>  Hoprint  of  IBOft,  of  the  ml.  uf  1117.1. 
^.>lr.  W.  S.  Pelletn-iiii. 


102 


HISTORY  OF  WESTCHESTER   COUNTY. 


not  truthfully  be  denied,  why  the  Engliah  Governors  of 
the  Prov'uue  of  New  York,  in  obedience  to  the  "  In- 
structions "  of  the  Eni'lish  King;,  could  take  no  ste|ie 
to  establish  the  Churi.i  of  Enjrlaiid,  except  in  those 
l)art8  of  that  Province,  where  itcr)uld  possibly  i)edone. 

The  Church  of  England  in  New  York  originated 
not  in  this  "  Ministry  Act''  as  has  been  so  generally 
believed  and  stated,  but  in  the  earlier  action  of  the 
English  Sovereigns,  in  virtue  of  ihe  law  of  England. 
That  act  was  merely  the  second  step  taken  in  obedi- 
ence to  the  Royal  Instructions.  It  was  also  an 
illustration  of  a  |)rinciple,  which  obtained  through- 
out British  America  Ironi  the  earliest  settlement 
of  Virginia  down  to  the  close  of  the  American 
Revolution.  That  principle  was  this,  "that 
some  form  of  religion,  dissent  from  which  in- 
volved serious  civil  disabilities  was  established  in 
nearly  all  the  Colonies  by  virtue,  of  either  the  local  or 
the  imjierial  law."  These  are  the  weirds  of  Ex-l*ro- 
vost  Still6  of  the  University  of  Pennsylvania,  in  his 
"Religious  Tests  in  Provincial  Pennsylvania."  '  Mr. 
8tilli''  has  treated  this  subject  so  ably,  and  so  well, 
and  his  conclusions  being  so  nearly  identical  with 
those  to  which  its  investigation  had  already  led  the 
writer,  that  his  statement  (which  has  only  appeared 
.since  this  portion  of  this  essay  was  begun)  is  here 
given  in  preference  to  the  writer's  own,  which  was  not 
«]Uite  so  full,  and  because  it  corroborates  his  views. 

"The  truth  is,"  says  Mr.  Stillc,  "that  during  the 
Colonial  ])erio(l  we  were  essentially  a  nation  of  Pro- 
testants, with  fewer  elements  outside  Protestantism 
than  were  to  be  found  in  any  country  of  Europe,  and 
that  we,  forced  to  do  so,  either  by  our  own  earnest 
conviction  that  such  was  the  true  metho>l  of  support- 
ing religion,  or  by  the  laws  of  '.he  Mother-country, 
took  similar  methodsof  maintaining  and  perpetuating 
our  Protestantism,  excluding  those  who  dissented  from 
it  from  anysharein  theg.Jvernment,andfranklyadopt- 
ing  the  policy  which  had  prevailed  in  England  from  the 
timeof  Queen  Elizabeth.  .  .  .  There  were,  it  is  true, 
in  some  of  the  Colonies,  especially  New  York,  at  times 
'  ineH'ectual  murmurings  '  against  laws  which  forced 
people  to  pay  taxes  for  the  support  of  a  ministry 
whose  teachings  were  not  in  harmony  with  the  re- 
ligious sentiment  of  the  great  nuiss  of  the  inhabitants,' 
iind  in  Pennsylvania  there  was  a  long,  anil  at  last  a 
successful  struggle  to  induce  the  Imperial  (Jovern- 
ment  to  regard  the  attirmation  of  a  Quaker  as  cipiiv- 
alent  to  the  oath  of  another  man  ;  but  if  there  were 
any  men  in  our  Colonial  history  who,  after  the  ex- 
ample of  William  Penn,  and  Lord  Baltimore,  lifted  up 
their  voices  to  protest,  as  these  men  had  done,  against 
the  violation  of  the  jirinci  pie  of  religious  liberty  here, 
I  have  not  been  able  to  discover  their  names.    The 


'  IX.  I'ann.    '\«k-  "f  Hlieory,  ;172. 

<Tliu  Uw«  III  tliu  Ni«w  KiikIkihI  ('uliiiiicti,  thoiiKli  not  iiieiiUuntid  liy 
Ml'.  Stllld,  worv  •itill  iiioro  w*v)>ru  than  tltu  MinlMtry  .\ct  iif  New  Vnrk  in 

«'<iiii|iflllng  (llMontt'n  t'r(>iii  tlm   IMiritniiHni  of    tUim Ii>iiit..t,   tn  \my 

tii\<"*  to  iiiip|H>rt  tth-ir  **  l'>tat>Hiihi'il  I'hmvli." 


only  subject  of  a  ({uasi-ecclesiastical  nature  which 
appears  to  have  excited  general  interest  and  to  have 
met  determined  ojiposition  was  a  scheme,  at  one  time 
said  to  have  been  in  contemplation  of  sending  Bishops 
to  this  country.  It  was  opposed  not  so  much  because 
it  was  thought  to  be  the  Hrst  step  towards  forming  a 
Church  Establishment  in  this  [whole]  country,  as  be- 
cause the  Colonists  had  a  peculiar  abhorrence  of  the 
methods  of  enforcing  the  jurisdiction  of  the  English 
Church  as  they  were  familiar  with  them  in  the  old 
country.  They  may  have  forgotten  many  of  the 
sutierings  they  had  endured  in  England  in  couse- 
(|Uence  of  their  non-conformity  and  even  committed 
themselves  to  a  theory  of  Church  establishment,  but 
there  was  one  thing  they  never  could  forget,  and  that 
was  the  prelatical  government  of  Land  and  the  High 
Commis'iion,  and  upon  this  were  founded  the  po]iular 
notions  of  the  authorit  vielded  by  Bishops.  ...  I 
I  aui  well  aware  that  thei^e  statements  of  the  general 
prevalence  of  a  principle  here  during  the  Colonial 
period,  which  in  contrast  to  that  now  universally  re- 
cognized I  must  call  the  principle  of  religious  intol- 
erance, will  appear  to  many  too  wide  and  sweeping. 
But  a  very  slight  examination  of  the  (irovisions  in 
this  subject  in  the  laws  of  the  Colonies  will,  if  I  mis- 
take not,  produce  a  dillerent  imjiression.  In  Virginia 
where  the  English  Church  was  early  established  by 
law  and  endowed,  men  who  refused  or  neglected  to 
bring  their  children  to  be  ba])tizeil  were  punished 
with  civil  penaltits;  (.Quakers  were  expelled  from  the 
Colony,  and  should  they  return  thither  a  third  time, 
they  were  liable  to  capital  punishment.  Any  one 
who  denied  the  Trinity  or  the  truth  of  the  Christian 
religion  was  deprived  i)y  the  Act  of  1704  of  his  civil 
rights,  and  was  rendered  incapable  of  suingfor  any  gift 
or  legacy.  In  New  England,  except  in  Rhode  Island, 
religious  intolerance  was  very  bitter,  It  is  true  that 
in  Massachusetts,  under  the  charter  of  1691,  the 
|H)wer  ot  committing  those  barbarous  acts  of  ])erse- 
cutiou  of  which  the  theocracy  of  the  old  standing  order 
had  been  guilty  was  taken  away,  and  all  Christiana, 
save  Homan  Catholics,  were  permitted  to  celebrate 
their  worship,  yet  none  but  memliers  of  the  Congre- 
gational Church  could  l)e  freemen,  and  all  were  taxed 
for  the  sup|M>rt  of  the  Ministry  of  that  Church.  In 
Maine  which  whs  a  District  of  Massachusetts,  in  New 
Hampshire,  and  in  t'onnccticut,  the  same  general 
system  of  religious  intolerance  prevailed.  Conformity 
was  the  inllexible  rule  throughout  New  England.  In 
'  New  York,  the  Uutcli  were  protected  by  the  provisions 
of  the  Treaty  of  Breda,  which  guarant.'cd  them  the 
IMMsessioii  of  their  property  then  held  there  for  reli- 
gious ]iur|Hises  and  their  ecclesiastical  organixatiou.' 
But  the  royal  (iovernois  of  that  Province  ex]ielled 
any  Catholic  priests  who  might  l)e  found  within  their 
territor)'  on  the  plea  that  they  were  exciting  the  In- 


>Tli>'  iirtiiieaof  llio  two  " numnilon uf  liill-l  iiiiil  lUTI,"  alioiilil  liiire 
In-tii  iiirntionpd  alio  In  till"  oniiiii'Xloii. 


THE  ORIGIN   AND   HISTORY   OF  THE   MANORS. 


103 


<lian8  to  revolt  against  the   government,  and  they 
ostablished  the  English  Chu-ch,  so  far  as  it  could  be  I 
done  in  a  Province  where  the  £piHC0])ulian8  were 
very  few  in  number  by  requiring  each  of  the  towns  to  | 
raise  money  for   the  support   of  the  clergy  of  that  i 
church,  by  dividing  the  country  into  i)ari8he8,  and  by 
exercising  the  power  of  collating  and  inducting  into  j 
these  parishes  such  Episcopal  Rectors  a8  they  thought  j 
fit.'  In  New  Jersey,  after  tl'e  surrender  of  the  Charter,  ' 
when   the    Colony  came    directly  under    the  royal 
authority   in    1702,   liberty   of  conscience   was   pro- 
claimed in  favor  of  all  except  Papists  and  (.Quakers ; 
but  as  the  hitter  were  re<iuired  to  take  oaths  as  quali- 
fications for  holding  office,  or  for  acting  as  jurors  or 
witnesses  injudicial  proceedings,  they,  of  course  the 
great  mass  of  the  population,  were  practically  dis- 
franchised.    But  the  story  of  the  arbitrary  measures 
taken  by  the  Governor  of  this  Colony  [New  Jersey], 
Lord  Cornbury,  to  exclude  from  office  or  the  control  of 
])ublic  atlairs  all  except  those  who  conformed  to  tlie 
Church  of  England  is  too  well  known  to  need  to  be 
retold  here.    In  Maryland  the  English  Church  was 
established  in  KiiMi,  and  one  of  the  first  acts  of  the 
newly  organized  Province  was  to  disfranchise  those 
very   Catholics    and    their    children   by  whom    the 
doctrine  of  religious  liberty  had  been  established  in 
the  law  of  l()4!t.     In  Carolina  after  the  fanciful  and 
impracticable  Constitution  devised  for  it  by  the  cele- 
l)rated  philo8oi)her,  John  Locke,  had  been  given  up, 
by  which  the  English  Church  had  been  established 
and  endowed  in  the  Colony,         Church  feeling  was  so 
strong,  and  the  determination  to  secure  its  supremacy 
,so  unyielding,  that  an  Act  was  passed  in  1704  requir- 
ing all  members  of  the  Assembly  to  take  the  sacra- 
ment according  to  the  rites  of  the  Church  of  England. 
Georgia,  following  the  example  of  her  elder  sisters, 
gave  free  exercise  of  religion   to  all  oxcejit  Papists, 
and  such  rights  in  this  respect  as  any  native  born 
Englishman  at  that  time  possessed;  a  grant,  as  we 
have  seen,  of  very  doubtful  value  to   English   non- 
conformists, then  ruled  by  the  tender  mercies  of  the 
Toleration  Act.^     The  result  of  this  review  is  to  show 
that    in   all  the    Colonies   named   except,   perhaps, 
Hhode  Island,   liberty  of  worship  was  the  rule,  ex- 
cepting, of  course,  in  the  case  of  Roman  ('alholics. 
Throughout  the  Colonies,   at  the   beginning   of  the 
eighteenth  century,  the  man  who  did  not  conform  to 
the  established  religion  of  the  Colony,  whether  it  was 
<'ongregationali8m  in  New  England,  or  the  Episcopal 
fcirm  elsewhere,  was  not  in  the  same  position  in  regard 
to  the  enjoyment  of  either  civil  or  religions  rights  as 
lie  who  did  conform.    If  he  were  a  Roman  Catholic 


1  All  tbti  was  done  under  the  **  Minintry  Aut ''  above  mentioned,  niiil 
it.-  uniendmuiitri,  An  \vt  wliicti  uiim  nut  rt>|itMiU>il  till  17H1,  one  yt-iir  iifttT 
iIk-  itstublishiiH'iit  uf  IndfitendiMictt.  It  witii  lliu  biii<liTi}(  law  of  Ni>w 
York  from  Mlt:!  to  17H4,  full  nliirty  yoiiiT*. 

-1.  W.  ttiiil  M.,  rb.  IH.  Kxeiiiptiiig  "liiwonlnix  from  the  |M'nulfio8  of 
i;<-riuin  biAVH  iigHiunt  non-conformity,  but  iV'iulrliif;  uii  oatli  aguinat 
liuiiHnlMtanliiitlou,  and  uf  allegiunco  to  William  and  Mary, 


he  was  everywhere  wholly  disfranchised.  For  him 
there  was  not  even  the  legal  right  of  public  worship. 
If  he  were  a  Protestant  differing  in  his  creed  from  the 
type  of  Protestantism  adopted  by  the  rulers,  although 
he  could  freely  celebrate  in  nearly  all  the  Colonies 
his  peculiar  form  of  worship,  he  was  nevertheless  ex- 
cluded from  any  share  in  public  att'airs.  He  could 
neither  vote  nor  hold  office,'  and  he  was  forced  to 
contribute  to  the  support  of  a  religious  ministry 
whose  teachings  he  in  his  heart  abhorred.  And  this 
condition  of  things,  extraordinary  as  it  seems  to  us 
now,  had  not  been  brought  about  by  any  conscious 
arbitrary  despotism  on  the  part  of  the  rulera,  but  was 
the  work  of  good  but  narrow-minded  men  who  were 
simply  following  out  the  uniform  practice  of  the 
Christian  world,  and  who  no  doubt  honestly  thought 
that  in  so  acting  they  were  doing  the  highest  service 
by  obeying  the  will  of  <  iod."  * 

The  Miuistry  Act  of  New  York  was  simply  the 
carrying  out  as  far  as  it  was  possible  of  the  Commis- 
sion and  the  "  Instructions  "  which  Governor  Fletcher 
had  received  from  the  King.  These  "  Instructions  " 
to  the  Governors  of  the  Rritish  Crown  Colonies,  which 
were  delivered  by  the  English  Sovereigns  in  writing 
to  each  Governor  when  first  appointed,  were  the  Con- 
stitutions of  the  Colonies  under  which  tbey  were 
ruled  by  their  Governors,  just  as  the  Charters  from  the 
same  Sovereigns  were  the  Constitutions  of  the  Char- 
tered Colonies  under  which  they  were  governed. 
Both  were  given  in  the  exercise  of  the  Royal  Prerog- 
ative, and  were  in  fact  grants  of  it.  The  charters 
could  not  be  revoked  except  for  cause  as  long 
as  they  were  lived  up  to  and  obeyed.  The  "In- 
structions" were  the  Royal  directions  from  the 
King  for  the  governing  of  his  Province,  and  could 
be  altered,  varied,  or  revoked  at  his  pleasure.  In 
point  of  fact  they  were  never  changed  in  the  time 
of  each  Governor,  except  to  meet  some  exigency 
not  contempleted  when  they  were  issued.  Upon  the 
appointment  of  a  new  Governor,  either  new  "  In- 
structions "  were  given  to  him,  or,  if  those  of  the 
prtveding  Governor  were  satisfactory  to  the  Province 
and  the  King,  he  was  simi>ly  directed  to  carry  them 
out  as  his  own. 

The  Instructions  of  Charles  II.  to  Sir  Richard 
Nicolls  the  first  English  (Jovernor  of  New  York, 
dated  the  2;kl  of  April,  WA,  five  months  prior  to  the 
capture  of  New  York  from  the  Dutch,  directed  him 
to  avoid  giving  umbrage  to  the  people  of  Massa- 
chusetts, where  he  was  to  stop  on  his  way  to  New 
York,  by  being  present  at  their  devotions  in  their 
churches,  but  the  document  thus  continues,  "  though 
wee  doe  suppose  and  thinke  it  very  fit  that  you  carry 
with  you  some  learned  and  discreete  Chaplaine,  ortho- 
dox in  his  judgment  and  practice,  who  in  your  owne 


>  New  York  wan  an  exception  to  this,  as  tu  all  n)ligiou%  except  the 
Roman  I'atholl'-. 
MX.  IVnna,  Mag.  Hist.,  ;i72-37fl. 


104 


HISTORY  OF  WESTCHESTER  COUNTY. 


farnilyes  will  rondo  the  book  of  Common  Prayor  and 
performe  your  devotion  according  to  ye  forme 
eHtablishod  in  the  Church  of  England,  excepting 
only  in  wearing  the  «urple«80  which  haveing  never 
bin  soon  in  those  countryes  may  conveniently  be  for- 
borne att  this  tyme." ' 

The  Instructions  of  Lovelace  the  second  Governor 
seem  not  to  have  been  preserved,  but  he  says  in  a 
letter  of  the  28th  of  August,  1(1(>8,  to  Secretary  Lord 
Arlington :  "  1  have  since  happily  accomphisht  my 
voyiulgo  and  am  now  invested  in  the  charge  of  His 
Royal  Highnesses  teritorys  bring  the  middle  position 
of  the  two  distinct  factions,  tlu  i'apist  and  I'uritane."  '' 

In  the  time  of  Thomas  Dougan,  afterward  the 
Eurl  of  Limerick,  the  third  Governor  of  New  York, 
Charles  the  Second  died,  the  Duke  of  York  succeeded 
as  James  the  Second,  and  his  Lord  Proprietorship 
merging  in  the  Crown,  New  York  thenceforward  be- 
came a  Royal  Province,  governed  directly  by  the  King 
through  his  appointed  (iovernor.  Though  a  Roman 
Catholic  himself,  and  his  Governor,  Dongan,  was  of 
the  same  religion,  James,  as  King,  acted  promptly, 
and  without  hesitation,  and  gave  Dongan  the  most 
pointed,  and  strongest  possible,  "  Instructions  "  to 
establish  the  Church  of  England  in  New  York.  A 
King  of  England  by  the  law  of  England  could  not  do 
otherwise.  Hut  the  thoroughness  of  Jiimes's  action 
under  the  circumstances  is  very  surpriting.  His  "In- 
structions" to  Dongan  bear  date  May  the  '2!ttli,  168(). 
They  not  only  established  the  (Church  of  P^ngland, 
but  also  i)laced  it  ui\der  the  eeclesiustical  jurisdiction 
of  the  Archbishop  of  ('anterbury,  and  are  in  these 
words : 

"31.  You  shale  take  especial  care  that  God  Al- 
mighty bee  devoutly  and  duely  served  throughout 
yo' (tovernment:  the  Hook  of  Common  Prayer  as  it 
is  now  established,  read  each  Sunday  and  Holyday, 
and  the  Blessed  Sacrament  adininistred  according  to 
the  Rites  of  the  Church  of  P^ngland.  You  shall  bee 
careful  that  the  Churches  already  builtthere  shall  bee 
well  and  orderly  kept  and  more  built  as  y"  Colony 
shall,  by  Gods  blessing  bee  improved.  And  that  be- 
sides a  competent  maintenance  to  be  assigned  to  y"' 
Ministerof  each  Church,  aconvenient  House  bee  built 
at  the  Comon  charge  for  each  Minister,  and  a  com- 
petent Proportion  of  Land  sissigned  him  for  a  Glebe 
and  exercise  of  his  Industry. 

"  32.  And  you  are  to  take  care  that  the  Parishes 
bee  so  limited  &  settled  as  you  shall  find  most  con- 
venient for  ye  accomplishing  this  good  work. 

"33.  Our  will  and  pleasure  is  that  noe  minister  be 
preferred  by  you  to  any  Ecclesiastical  Henefico  in  that 
our  Province  without  a  Certificat  from  ye  most  Uov- 
crend  the  Lord  Archbishopof  Canterbury  of  his  being 
conformable  to  ye  Doctrine  and  Discipline  of  the 
Church  of  England,  and  of  a  good  life  and  conversa- 
tion. 


>ill.  N.  r.  Ool.  HIat.  4U. 


<  Ibid.  174. 


34.  .\nd  if  any  person  preferred  alreatly  to  a  Hene- 
tice  shall  appear  to  you  to  give  scandal  either  by  his 
Doctrine  or  Manners,  you  are  to  use  the  best  means 
for  y°  removal  of  him  ;  and  to  supply  the  vacancy  in 
such  manner  as  we  have  directed.  And  alsoe  our 
pleasure  is,  that,  in  thedirectionof  all  Church  Atlairs, 
the  Minister  bee  admitted  into  the  respective  vestrys. 

And  to  th"  end  the  Ecclesiastical  Jurisdiction  of 
the  said  Archbishop  of  Canterbury  may  take  place  in 
that  our  Province  as  farr  as  conveniently  may  bee. 
Wee  doe  think  litt  that  you  give  all  countenance  and 
encouragement  in  y"  exercise  of  the  same ;  excepting 
only  the  Collating  to  Henoficos,  granting  licenses  for 
Mai  re,  and  Probate  of  Wills,  which  wee  have  re- 
8er\  to  you  our  Gov'  &  to  y''  Commander-in-chiet 
for  the  time  being. 

"  3ti.  And  you  are  to  take  e8])ecial  care,  that  a  Table 
of  Marriages  estahlisheil  by  ye  ('anons  of  the  Church 
of  England,  bee  hung  up  in  all  (Jrthodox  churches 
and  duly  observed. 

"37.  And  y<  u  are  to  take  especial  care  that  Books 
of  Homilys  &  Books  of  the  3il  Articles  of  y'  Church  of 
England  bee  disposed  of  to  every  of  y'said  churches, 
and  that  they  bee  only  kept  and  used  therein. 

"38.  And  wee  doe  further  direct  that  noe  School- 
master bee  henceforth  permitted  to  come  from  Eng- 
land &  to  keep  school  within  our  Province  of  New 
York,  without  the  license  of  the  said  Archbishopof 
Canterbury ;  And  that  noe  other  jiernon  now  there,  or 
that  shall  come  from  other  parts,  bee  admitted  to  keep 
school  without  your  licen.se  first  had." 

In  the  face  of  these  direct,  positive"  Instructions"  of 
James  11.  to  (tovernor  Dongan  there  can  be  no  ipies- 
tion  that  the  King  in  the  legal  exercise  of  his  power  as 
King,  as  soon  as  it  was  possible  after  he  came  to  the 
throne  of  f^igland  establisluMl  the  Church  of  ICngland 
in  his  former  Proprietary,  and  now  Royal,  Province  of 
New  York,  subject  only  to  the  articles  of  surrender  of 
I<l(i4,  of  I(i74,  and  the  treaty  of  Hreila  in  KitJT,  which 
guaranteed  the  continued  existence  therein  of  its  for- 
mer established  Church  of  Holland  with  all  its  rights 
of  faith,  discipline,  and  property;  and  subjectaUo  as 
far  as  Sn  lib  Ik  County  was  concerned,  to  the  pre-existing 
Congregational  tJliureb  of  Connecticut  as  there  prac- 
tically established  under  the  authority  of  the  General 
Court  of  that  Colony.  If  the  latter  was  a  legal  estab- 
lishment under  the  laws  or  charter  of  Connecticut 
(trior  to  the  Dutch  surrender  in  ltlt!4  and  the  treaty 
ofHredain  l(iti7,then  thcKingof  England  was  legally 
bound  to  nuiintain  it  as  such.  He  did  immedi- 
ately after  the  first  Dutch  surrender,  by  his  com- 
missioners nuike  a  change  in  the  civil  condition  of 
Suftblk  (Jounty  by  deciding  that  Long  Island,  of 
which  it  was  then,  as  it  is  now,  the  eastern  end, 
was  not  a  part  of  Connecticut,  but  was  a  part  of  New 
York.  He  aitpointed  civil  officers  in  Suffolk  County, 
and  instituted  there  the  complete  civil  and  military 
jurisdiction  of  New  York,  but  nuule  no  change  what- 
ever in  its  ecclesiastical  condition,  which  continued 


THE   ORIGIN  AND   HISTORY   OF   THE   MANORS. 


106 


prcciHi'ly  the  Hame  m  when  it  clainicd  to  he  a  part  of 
CoiiiR'i  tit'Ut. 

The  above-cited  provinioiiH  of  tlie  IiiHlructionH  of 
Kiiiji;  Jiiiiu'H  to  <iovernor  Doiiguii  relative  to  the 
Cliiireh  of  Kiigluii(i  in  New  York  were  eoiitimied  l)y 
William  III.,  Anne,  Oeorge  I.,  (!e(»rge  II.,andt<eor)t(' 
III.  in  tlu'ir  dill'ereiit  "  liiHtriictiiMm"  to  ihedillereni 
(ii)veriiors  of  New  York  they  xiUTeiwively  appointed, 
with  little  or  no  variation  in  lan^'uage  and  none  in 
fll'cct.'  Oei'aHionally  a  new  one  wan  adiled,  an  in  the 
hmtrut'tioiiH  to  Lord  t'ornhiiry  when  he  waH  appoint- 
ed (iovernor  by  t^iieen  ,\nne,  dated  the  2tlth  of  .lan- 
ary,  1702,  in  whieh,  clause  No.  03,  in  in  thcHe  words; — 
"  You  are  to  iniiuire  whether  there  be  any  minister  with- 
in your(  Jovernment  who  preachcuand  a<lmini«ters  the 
Sacranu'nt  in  any  orthodox  ciuirch  or  chapel  without 
lieinn  in  due  ortler«  and  to  ^tive  an  account  thereof  to 
the  Hinhop  of  Lontlon."  The  uueof  the  word  "Minis- 
ter" in  thi'.sc  various  [uHtructionHisHhown  by  the  con- 
text of  theui,  and  nuirkedly  in  thin  a<lditional  one  to 
Citrnbury,  to  mean  and  to  denifriuif e  clerjtynien  only  of 
the  Church  of  Kngland.  Ami  the  same  thing  may 
lie  naid  of  the  term  "Orthodox  CburuL,"  for  by  law 
ncilbcr  the  King  nor  the  IJisbop  could  acknowleilgc, 
iir  have  any  cccleHiastical  jurisdiction  over,  any  Minis- 
ter or  any  Church  which  did  not  belong  to  the 
Church  of  Kngland.  No  other  church  and  no  other 
other  clergyman  could  be,  in  the  eye  of  the  law, 
cither  of  Kngland  or  New  York,  orthodox.  King 
William,  as  King,  fornuilly  approved  the  Ministry 
Act  of  l(>!t.'!  passed  by  the  Legislature  of  New  York, 
and  ashy  the  law  of  l''.ngland  he  could  not  aeknowl- 
eilge  any  other  church  as  orthiMlox  or  any  other 
Ministers,  as  Ministers,  except  those  of  the  Church  of 
lOngland,  it  follows  that  the  words  and  terms  of  that 
act  referred  to  the  Church  of  Kngland  and  only  to 
that  church.  That  this  is  the  sense,  and  the  only 
legal  sense,  in  which  these  words  were  then  used,  is 
shown  by  an  opinion  of  Sir  Edward  Northey.  the  At- 
lorney-tteneral,  in  170.'),  asked  by  the  Hoanl  of  Trade 
atiil  I'lantations,  upon  the  grant  of  ecclesiastical  power 
ill  the  I'ateiit  (»f  Maryland,  which  closes  with  these 
words,  "and  the  consecrations  of  chapels  ought  to 
be,  an  in  Kngland,  6^  OrtUodox  .\Hni»ter»  only." ' 

No  English  (iovernor  has  been  more  <lenoiincei|  f(M' 
Ills  act  ion  ill  regard  tolheehiirch  of  England  than  Lord 
t  'orubury,  and  liiHollicial  acts  concerning  it  have  been 
abused  in  almost  every  possible  way.  His  action  has 
l)e<-n  taken  as  the  result  of  pure  bigotry,  and  he  termed 
a  bigot,  while  lie  was  merely  carrying  out  the  Iiistrue- 
lions  he  had  sworn  to  support  and  maintain.  His 
"Instructions"  are  therefore  here  given  at  length, 
taken  from  the  (U-iginal  Instrument  which  with  his 
Commission  under  the  band  and  seal  of  l^ueen  Anne, 
are  now  in  the  hands  of  a  geiitteman  in  New  York. 

'  In  the  id),  nil,  Mil  iiikI  lilli  >uhiiii«<  iirtlip  "I'ul,  lliit.i>r  N.  V."  iieur- 
ly  nil  >>rtlioiii  iiiiiy  \h>  fnitiiil. 

-I'liiihnrni' upliiluiia,  4J.  Tliu  itallii  >r«  lli«  wrller'a,  nml  ni»  in  Itio 
iirliglUHl. 

7* 


From  the  Instructions  to  Lord  Cornbury,  dated 
.lanuary  20,  1702-3. 

(50.  You  shall  take  especial  care  that(!od  Almighty 
be  dcvoutedly  and  duly  served  throughout  your  ( iov- 
ernmont,  the  Hook  of  ('omnion  prayer,  as  by  Law  es- 
tablished, read  eaeh  Sunday  and  ll(dy  day,  and  the 
blessed  Sacrament  administered  according  to  the  rites 
of  the  ('hiireh  of  England  ;  You  shall  be  carefull  that 
the  Churches  already  built  there  be.  well  and  orderly 
kept,  and  tlnit  more  be  built  as  the  (.'olony  shall  by 
(iod's  blessing  be  improved,  and  that  besides  a  Com- 
petent nuiintenanee  lo  be  assigned  to  the  Minister  of 
each  Orthodox  Church,  a  convenient  house  be  built  at 
the  Common  charge  for  each  Minister,  and  a  competent 
proportion  of  Land  assigned  him  for^a  ( ilebe  and  exer- 
cise of  his  Intlustry.  And  you  are  to  take  care  that  the 
parishes  be  so  limited  and  setled,  as  you  shall  find 
most  convenient  for  the  accomplishing  this  good 
Work. 

(51.  You  are  not  to  present  any  Minister  to  any  lie- 
clesiasticall  Henetice  in  that  Our  Province  without  a 
certificate  from  the  right  reverend  Father  in  God  the 
Hishopof  London,  of  his  being  conformable  to  the  doc- 
trine and  Discipline  of  the  Church  of  England,  and 
of  a  good  life  an<l  conversation,  and  if  any  person 
preferred  already  to  a  Benelice  shall  appear  to  you  to 
give  Scandall,  either  by  his  doctrine  or  .Manners,  You 
are  to  use  the  be^t  means  for  the  removal  of  him,  and 
to  Supply  the  Vacancy  in  Such  manner  as  Wee  have 
ilirected. 

()2.  You  are  to  give  order  forthwith  (if  tlio  same  he 
not  already  done)  '.hat  every  Orlhoilox  Minister  with- 
in your  (lovernment,  bo  one  of  the  Vestry  in  his  res- 
pective parish,  and  that  no  Vestry  be  held  without 
him,  except  in  case  of  Sickness,  or  that  after  notice 
of  a  Vestry  Siinimon'd  he  omitt  to  come. 

(>."!.  You  are  to  eiii|uirewhethertliere  be  any  Minister 
within  your  (tovernment,  who  preaches  and  adminis- 
ters the  Sacrament  in  any  Orthodox  Church  or  (Jhaj)- 
pell  without  being  in  due  Orders,  and  to  give  an 
account  thereof  to  the  said  ISishop  of  London. 

(>4.  And  to  the  end  the  Ecclesiastical  Jurisdiction 
of  the  Said  Itishop  of  London  may  take  place  in  that 
province  So  farr  as  conveniently  nwiy  be.  Wee  do 
think  litt,  that  you  give  all  Countenance  and  encour- 
agement to  the  exercise  of  the  Same.  Excepting 
only  the  Collating  to  llenelices,  granting  Lycensi>«  for 
Marriages  and  probate  of  Wills,  which  Wee  have  re- 
served to  yon  Our  (iovernour  ami  to  the  (Commander- 
in-chief  of  Our  Said  I'roviiice  for  the  time  being. 

(>r>.  Wee  do  further  direct  that  no  Schoolmaster  be 
heueeforth  permitted  to  come  from  England,  and  to 
keep  Schoole  within  Our  Proviiiee  of  New  York, 
without  the  Lycense  of  the  said  Bishop  of  Lontlon, 
and  that  no  other  person  now  there,  or  that  shall 
come  from  other  parts,  be  admitted  to  keep  School 
without  your  lA'cense  first  obtained. 

(l(i.  .\nd  you  are  to  take  especial  care  that  a  Table 
of  Marriages,  established  by  the  Canoiis  of  the  Church 


106 


HISTORY  OF  WESTCHIJTER  COUNTY. 


of  England  be  hung  up  in  every  orthodox  Church  and 
duly  obtierved,  and  you  are  to  endeavour  to  got  a  Law 
past  in  the  Assembly  of  that  province  (if  not  already 
done)  for  the  strict  observation  of  the  Said  Table. 

79.  And  you  are  also  with  the  assistence  of  the 
Council  and  Assembly  to  find  out  the  best  means  to 
facilitate  and  encourage  the  conversion  of  Negroes 
and  Indians  to  the  Christian  Religion  ;  more  especi- 
ally you  are  to  use  your  endeavours  with  the  Assem- 
bly that  they  make  provision  for  the  maintenance  of 
Monic  Ministers  to  inhabit  amongst  the  five  Nations 
of  Indians  in  order  to  instruct  them,  and  also  to  jire- 
vont  their  being  deduced  from  their  Allegiance  to  us, 
by  Freneli  priests  and  Jesuita. 

In  the  instance  not  only  of  Cornbury  but  of  each 
Governor,  it  must  be  remembered  that  these  "  Instruc- 
tions "  were,  not  merely  directions  to  him  pei-sonally, 
but  were  the  binding  constitutions  of  tlie  Province  in 
all  things  civil,  military,  and  ecclesia.stical,  during 
each  Governor's  period  of  otHce.  They  were  the  law 
of  the  land  both  for  the  Governor  and  the  people, 
which  was  to  be  obeyed  by  both.  They  were  laid 
down,  and  set  forth,  by  each  Sovereign,  in  his  Kingly 
capacity,  under  the  law  of  England  for  the  govern- 
ment of  his  or  her  Province  of  New  York.  This  fact 
has  not  been  considered  by  American  historians,  or 
by  English  ones  either,  in  treating  of  the  civil  and  re- 
ligious,— especially  the  religions— as])ects  and  condi- 
tions of  the  Royal  Provinces  in  America  in  general, 
and  of  New  York  in  particular. 

What  then  was  the  Kingly  authority  in  these  re- 
spects? Whence  came  the  monarch's  legal  light  to 
govern  his  Royal  I'roviuces  by  "  Instructions"  to  his 
representatives  the  Governors?  What  were  the 
powers  then  vested  in  the  Crown  by  the  laws  of  Eng- 
laml  ? 

The  attributes  of  the  Monarch  of  England,  sove- 
reignty, perfection,'  and  perpetuity,'  which  are  inhe- 
rent in,  and  constitute,  his  jjolitieal  capacity,  prevail 
in  every  part  of  the  territories  subject  to  the  English 
Crown.  "  In  such  political  capacity  as  King  he  is 
possessed  of  a  share  of  legislation,  is  the  head  of  the 
('hurcli,  generalissinir)  throughout  his  dominions,  and 
is  alone  entitled  to  make  war  and  peace.''  Hut  in  coun- 
tries which,  though  dependent  on  the  British  Crown, 
have  ditferent  local  laws,  as  for  instance  the  Colonies 
the  minor  prerogatives  and  interests  of  the  Crown  must 
be  regulated  and  governed  by  the  peculiar  law  of  the 
place.  Hut  if  such  law  be  silent  on  the  subject,"  or  if 
the  place  has  become  l)y  eoncpiest  or  cession  a  Colony 
or  Province  of  the  Crown,  having  never  before  been 
possessed  by  the  English  nation,  "it  would  appear 
that  the  prerogative  of  the  King  in  his  political  ca- 
pacity as  chief  of  the  State,  as  established  by  English 


law,  prevails  in  every  respect."*  "  When  a  countrj' 
is  obtained  by  conquc-^'  or  treaty  the  King  posse.-ses 
I  an  exclusive  prerogative  jiowcr  over  it,  and  may  eii- 
i  tirely  change  or  new-model,  the  whole,  or  part,  of  its 
laws,  and  form  of  government,  and  may  govern  it  in 
all  respects  by  regulations  framed  by  himself,  subject 
I  only  to  the  Articles  or  Treaty  on  which  the  country 
is  surrendered  or  ceded,  which  are  always  sacred  and 
inviolable  according  to  their  true  intent  and  mean- 
ing." Lord  Mansfield  thus  most  fully  and  suc- 
cinctly lays  down  the  law  on  this  subject,  citing 
.New  York  as  an  example.  "  A  country  conquered 
by  the  British  arms  becomes  a  dominion  of  the 
King  in  right  of  his  crown.  .  .  .  After  the  con- 
quest of  New  York,  in  which  most  of  the  old  l>iilch 
inhaiiitants  remained.  King  ('liarles  '-'d  changed  the 
form  of  their  ('onstitution  and  |)olitical  government, 
by  granting  it  to  the  duke  of  York,  to  hold  of  his 
crown  under  all  the  regulations  eontiiined  in  tht^ 
letters  patent."  "  It  is  not  to  be  wf>ndere<l  at,"  con- 
tinues the  (Jreat  ('liief  Justice  of  England,  "that  an 
adjudged  ca.se  in  point  has  not  been  produced.  No 
question  was  ever  started  before  but  that  the  King 
has  a  right  to  a  legislative  authority  over  a  coiuiuercd 
country  ;  it  was  never  denied  in  Westminster  Hall ;  it 
was  never  (|iicstioned  in  parliament.""  This  decision 
was  made  in  the  Court  of  King's  Bench  in  1774 — a 
ce?itury  al'ter  the  practical  application  of,  and  action 
under,  its  |>rinci|le,  by  Charles  the  Second,  and  .lames 
the  Second,  and  William  <&  .Mary  in  their  Province  of 
New  York,  to  say  nothing  of  (iiiecn  .Anne  and  her 
successors.  There  can  therefore  be  no  i|iiestioii  as  to 
the  law  itself,  or  the  legality  of  the  power  liy  which 
the  Sovereigns  of  England,  by  their  "Commissions" 
and  "Instructions"  to  their  (tovernors,  established 
the  Church  of  England  in  tJieir  .American  Province 
of  New  York. 

Now  what  was  a  "  Province"  in  law?  This  term, 
in  Latin  J'niruiri(i,\vaii  first  used  by  the  Romans  to 
designate  a  ])ortion  of  territory  outside  of  Italy, 
which  they  had  subjected  by  coii(|uest.  Its  general 
use,  however,  says  Chief  .llistice  Stokes  of  the  (Colony 
of  Georgia,  is  "to  denote  the  divisions  of  a  Kiiigilom 
or  State,  as  they  are  usually  distingiiir^licd  by  the  ex- 
tent of  their  civil  or  ecclesiastical  jurisdiction.  With 
us.  [the  English  people]  a  Province  signifies — 1st.  An 
out-country  governed  by  a  Deputy  or  Lieutenant ; 
and  2dly,Tlie  circuit  of  an  .Archbishop's  jurisdiction. 
When  the  British  settlements  in  America  are  sjiokcn 
of  in  general,  they  are  called  the  ('olonies  or  Pianla- 
tions.  If  it  is  a  Govermn'jnton  the  Continent  [in  con- 
tradistinction to  the  West  India  Islands]  where  the 
King  apiminta  the  Governor  it  is  usually  called  a 
Province,  as  the  Province  of  (Quebec;  but  a  Planta- 
tion in  which  the  Governor  was  elected  bv  the  inliab- 


'  Thli  la  exprMKHl  by  tho  well-known  Itgal  axiom  "The  King  nn  do 
no  wrong." 

'JTliU  in  oxproseucl  by  that  other  well-known  itxioni  "The  King  In 
ilmd,  lung  llvo  the  King." 

>  Ohiilmora'  Oplnluna,  lAO. 


<Chltty'ii  PrerogiitlveB  of  the  Orown,  'il  anil  '2«. 
»  Ibhl.  ai ;  Cowiwrn  Hep,  MH. 

« liall  V.  Ciiiupbell,  Cowpar'B  Ri-purte,  »)»,  ai I.   C'alvln'i  Ouc  4  Coku'i 
Btp.  1. 


THK   ORIUIN    AND   IIFSTORY   OF  THE   MANORS. 


107 


itants,  (umler  a  charter  of  incorporation,  from  the 
King)  was  usi'ally  called  a  ('olony,  as  the  Colony  of 
Connecticut  "  '  TIiuh  the  very  name  wa«  expressive 
(if  tlic  character  of  !ie  King's  power  by  virtue  of 
whicli  he  erected  and  estalilislied  in  New  Yoric 
Manors,  Parishes,  (Miurchesand  a  (reneral  Assembly. 
Sir  William  Hiackstonc  in  speaking  of  the  American 
I'rovinces,  says,  "  In  the  I'rovincial  E.Htablishments 
(commonly  called  King's  (iovcrnmentH)theirc(mstitu- 
tion  depended  on  the  respective  commissions  issued 
by  the  Crown  to  the  (tovernors,  anil  the  Instructions 
wliich  usually  accompanied  these  commissions  ;  under 
the  authority  of  which  Provincial  Assemblies  were 
constituted  with  the  power  of  nniking  local  onlinances, 
not  repugnant  to  the  laws  of  JMigland."  ''  It  is  clear, 
and  beyond  question,  thai  the  very  authority  l>y  whi(^h 
New  York  was  granted  the  right  to  possess  and  elect 
a  representative  Assembly  of  its  own  people,  a  priv- 
ilege granted  lo  it  by  William  and  Mary  in  IdUl, 
which  ciiritinued  from  thaltinie  without  interruption  as 
long  as  it  remained  a  Itiitish  Province,  sprang  from 
precisely  tlu'  same  source,  iis  the  establishment  of  the 
('luircli  <tf  IvUgland  within  itslimits — tlieComniission 
iind  h'iii(/\><  /iiK/niclioiiK  to  his  (iovernorw;  To  say 
nothing  of  the  llrsl  grarting  of  the  right  to  elect  and 
hold  Assemblies  bv  .lames  II.  himself  as  Duke  of 
York  to  (lovernor  Dinigan  in  Id.S:!,  eleven  years  be- 
fore; which  assemblies  sat  for  three  years,  and  the 
laws  whicli  they  pass'd  in  those  years,  still  in  exist- 
ence, are  the  earliest  English  statutes  of  New  ^'ork  ; 
and  which  assemblies  werecalleil  and  held  solely  by 
virtue  of  .lanies's  "Commission  "  and  "  Instructions  " 
to  (invernor  Dongan. 

There  is  another  point  of  importance  in  this  con- 
nexion. Every  Commission  to  every  (iovernor  from 
every  Sovereign  of  New  York,  contained  in  itu  clause, 
delegating  to  him  the  power  of  collation  to  church 
lieneficcs.  a  jiower  under  the  law  of  Kngiand  whicli 
could  be  exeiH^ised  only  in  the  ('liunli  of  England. 
It  was  in  these  words,  "  And  we  do  by  these  presents 
anthori/.u  and  impower  you  to  collate  any  person  or 
persons  to  any  churches,  chapels,  or  other  ecclesiastical 
licnetices  within  our  said  jirovince  and  territories  us 
aforesaid,  as  often  as  any  of  them  shall  happen  to  be 
void."''  This  was  the  delegation  by  the  King  of  his 
own  power  as  Ordinary.  This  word  derived  from  the 
Civil  Law  priniiirily  signifies  one  who,  of  his  own 
right,  has  authority  to  take  cogni/.ance  of  causes.  In 
t!ie  common  law  it  is  usually  applied  to  the  liishop  of 
a  Diocese,  who  only  could  certify  to  ecclesiastical  and 
spiritual  acts  :n  his  own  diocese.  The  King  as  the 
Head  of  the  Church  possessed  this  temporal  right 
lliidughout  his  whole  Kingdon;,  and  could  delegate 
it.  The  Hisliop  could  only  delegate  his  power  in 
temporal   ec«leHia<tical   matters  in  his   own  diocese. 

'I'miKlltiitioiiHol'tllo  UlilUli  Coltiiiloj  ill  Aliiorini,  J. 
-I  BliickHtunitV,  Coniiii.  lOS. 

'Siciki'K'  Colli!,  of  tho  .Viii.  OoloiilcH,  l.'iS.  .\ml  mm  llii'  ilift'ureiit  roiii- 
iiiiioioim  llwmwlvi.|i  til  tlio  ruliiiliix  ul  tin'  I'ulolilul  lllalol'}'. 


As  there  were   no  dioceses  as  such  in  the  British 

American  Colonies,  the  King  delegated  the  power  of 
collating  to  benefices  here  to  his  different  Governors 
as  his  personal  n  presentatives.  From  the  same  source 
came  their  power  to  grant  probate  of  wills,  and  mar- 
riage licenses. 

The  spiritual  supervision  of  the  Church  of  Eng- 
land in  America,  was,  as  we  have  seen,  first  com- 
mitted by  King  James  to  the  Archbishoj)  of  Canter- 
bury. Later  it  was  deemed  most  convenient  to 
attach  this  supervision  to  the  liishop  of  London,  who 
appointed  "Commissaries"  in  different  parts  of 
America,  to  oversee  the  clergy  in  their  dl:'.ui-ent 
districts,  in  such  matters  not  purely  episcopal,  as  a 
liishop  did  in  his  Diocese  in  England. 

As  there  were  then  no  Dioceses  in  .\merica,  the 
King  in  the  different  Instructions  to  the  (iovernors, 
directed  them  to  retain  these  powers,  of  collation,  to 
benefices,  of  granting  probate  of  wills,  and  of  licens- 
ing marriages  to  themselves.  This  was  in  virtue 
both  of  the  King's  Legislative  power,  and  his  power 
as  Head  of  the  church.  Perhaps  nothing  has  been, 
or  is,  more  misunderstood,  and  that  very  honestly,  in 
.\meriea  than  the  Royal  Hupreinaey  of  the  Church  of 
England.  Of  course,  it  cannot  be  treated  at  length 
here.  We  can  only  state  the  popular  idea  of  it,  and 
then  .''bow  what  it  really  is.  The  popular  idea  of  it  in 
this  country  is,  that  the  i^overeign  of  England  was, 
and  is,  the  head  of  the  Church  of  England  in  spirit- 
ual as  well  as  temporal  matteix,  and  is  the  superior  of 
the  Archbishops  and  liishops  in  all  that  relates  to  their 
otiices  as  such,  and  is  governed  by  his  or  her  own 
ideas  of  what  is  true  and  right  in  matters  of  doctrine 
and  discipline.  Of  course  this  is  only  the  cninmoii 
idea,  but  it  is  held  by  many  people  of  education  and 
general  intelligence  nevertheless,  who  are,  and  are 
usually   considered,  well  informed. 

A  recent  writer  after  citing  and  examining  the  legal 
aulliorities,  iind  writei-s  of  England  since  the  Re- 
formation, on  this  subject,  says,  "  These  numerous 
authorities  repeat  again  and  again  the  same  opinions 
touching  the  supremacy  of  the  Crown.  According  to 
them  the  Hoyal  Supremacy  is  simply  and  strictly  a 
temporal  or  civil  power  over  all  causes  and  persons 
in  things  temporal,  and  over  spiritual  jiersons  and 
causes  as  far  as  their  tenijiorul  or  civil  accidents  are 
concerned.  Hut  it  has  no  inherent  spiritual  power 
as  such,  nor  ecclesiastical  authority,  whatsoever,  the 
spirituality  alone  possessing  the  |iower  of  the  Keys."' 
Lord  Selborne  the  learned  and  eminent  Lord  High 
Chancellor  in  Mr.  Gladstone's  late  (iovernineiit  says, 
"  The  Sovereign  has  not  (as  some  suppose)  a  temporal 
supremacy  in  temporal  things  anda spiritual  suprem- 
acy in  spiritual  things  ;  it  is  one  undivided  temporul 
8uprenuicy,extendingtoall  persons,  causes,  and  things, 
whether  ecclesiastical  or  civil,  of  whicli  the  law  of 
the  land  takes  cogniKunce,  and  upon  which  that  law  has 

^Fuller'!  A|i|Hillitte  JiirUilKliiiii  uf  Ui«  (JruHii,  IM. 


1«8 


HISTORY  OF  WKSTCHESTKR  COITNTY. 


operation.  It  does  not  uud  it  can  nut  extend  to  the 
province  of  religious  belief,  or  to  moral  and  8])iritual 
obligatioMH  reeogni/.ed  by  the  uonseience  as  springing 
from  a  source  higher  than  the  laws  of  the  land." ' 
That  most  elo<|uent  and  able  prelate,  Wilberfurce 
Bishop  of  Winchester,  when  liishop  of  Oxford,  in 
a  debate  in  the  House  of  Lords,  in  which  this  subject 
was  brought  up,  thus  spoke  out : — "  he  did  not  believe 
that  it  was  a  correct  or  constitutional  interpretation 
of  that  supremacy,  to  say  that  the  occupant  of  the 
throne  shouhl  settle  in  his  or  her  individual  capacity, 
articles  of  faith  or  any  other  <|ucstions  whatever.  He 
was  sure  that  the  e.xalted  personage  who  at  present 
occupied  the  throne  would  be  herself  the  first  to  re- 
pudiate so  unconstitutional  a  doctrine.  The  8upre- 
macy  of  the  Crown  meant  nothing  more  than  this, 
that  the  Crown  had  the  ultimate  A])peal  ir  :« II  (piestions 
ecclesiastical  and  civil,  deciding  such  (p.*  '  jUS  joI 
of  herself,  but  through  her  proper  conatituti<<nal 
agents."  And  Mr.  Ciladstone  himself  writes,  in  his 
Letter  on  the  Koyul  Supremacy  ; — '"  I  contend  that 
the  Crown  did  not  claim  by  statute,  either  to  be  by 
right,  or  to  become  by  convention,  the  euiiree  of  that 
Kind  of  action  which  was  committed  by  the  Saviour 
to  the  Ajiostolic  church,  whether  for  the  enactment 
of  laws  or  for  the  administration  of  its  discipline ; 
but  the  claim  was  that  all  the  canons  of  the  church, 
and  all  its  judicial  proceedings,  inasmuch  as  they  were 
to  form  parts  respectively  of  the  laws  and  the  adminis- 
tration of  justice  in  the  Kingdom,  shouhl  run  only 
with  the  assent  and  Sanction  of  the  Crown." 

This  full  titutenient  has  been  written  to  show,  that  in 
their  Province  on  the  Hudson,  the  Sovereigns  of  Eng- 
land in  virtue  of  their  political,  ecclesiastical,  and 
legislative,  capacities,  as  Sovereigns  under  the  laws  of 
Hngland,  through  their  direct  "  Commissions  "  and 
"  Instructions"  under  their  own  signs-manual, legally 
established  and  maintained  in  that  I'rovinee,  by  pre- 
cisely the  same  legal  instruments  and  methods,  the 
same  form  of  civil  government  and  the  same  tbnn  of 
religious  belief,  that  was  established  in  Kngland,  as  far 
forth  as  both  could  possibly  be  there  dime,  consistently 
with  the  Surrenders  and  Treaty  by  which  the  I'rovinee 
became  a  possession  of  theirCrown.  And  it  also  shows, 
that  historically,  the  existence  in  New  York,  of  a 
Ueneral  Assembly  of  elected  representatives  of  the 
people,  of  Manors,  of  the  ('hurch  of  England  with  its 
Parishes,  and  taxation  of  all  inhabitants  for  the  sup- 
port of  its  Ministers  and  churches,  had  one  and  all  ex- 
actly the  same  origin,  and  were  eipially  the  legitimate 
results,  of  the  legitimate  action,  of  its  legitimate 
Sovereign  authority,  the  monarchs  of  England. 

12. 
The  Manor/'  Mid  the  ('ounfy  in  their  Mutual  relutiont, 
with  the  Origin  and  Organization  of  thv.  latter. 
The  six  Manors  of  the  County  of  Westchester,  in 


1  Letter  of  Lord  Selborne,  tbeii  Sir  RouiuIhH  I'uliiier,  Atty.  Uen.,  uf  30 
D«o.  18&0,  in  Plymouth  llvnid  of  lltli  Jan.  1851.     Fullor,  app.  B.  251. 


the  order  of  their  erection,  were  '  Fordham '  in  No- 
vember 1()71, '  Pelham  '  in  October  I6«7, '  Philipsbor- 
ough  '  in  June  KiiKJ, '  Morrisania  '  in  May  1()!>7,  '  Cort- 
landt '  in  June  1('!)7,  and  '  Scarsdale'  in  March  1701. 
As  the 'Manor  of  Cortlandt '  comprised  the  whole 
northern  part  of  the  County  from  the  Hudson  to  the 
Connecticut  line,  and  was  ten  miles  in  width,  it  will 
be  described  tirst,  then  following  the  order  of  location 
of  the  others  down  the  eastern  si<le  of  the  county  to 
itssouthern  extremity, '  Scarsdale,' '  Pelham,'  '  Morri- 
sania,' and  '  P^ordhain,"  will  be  successively  treated, 
then  '  Philipsborough,'  which  comprised  the  entire 
western  portion  of  the  County  bordering  upon  the 
Hudson  as  far  north  as  the  south  line  of  the  Manor  of 
Cortlandt,andextended  eiistwardly  to  the  Hronx  River 
which  runs  through  the  centre  of  the  County  from 
north  to  south  and  was  the  boundary  between  it  and 
the  nuinors  of  the  east  side. 

The  general  nature  and  history  of  Manors  in  a 
legal  point  of  view,  the  origin  of  the  ancient  mano- 
rial system  of  England,  its  tenures,  and  tlii^  modern 
manorial  system  of  New  York  with  its  incidents, 
and  tenure  introduced  by  the  English  upon  its  cap- 
lure  from  the  Dutch,  have  been  described.  Hut  be- 
fore treating  of  each  of  the  Manors  separately,  the 
general  Province  and  C<niiity  Juris<liction  as  it 
aH'ected  the  Manors  as  a  whole,  and  the  origin  and 
formation  of  the  County  itself  will  be  shown. 

The  authority  of  the  (iovernor,  as  Governor,  of  the 
Governor  and  Council  in  the  Executive  capacity  of 
the  latter,  and  of  the  Governor,  Council  in  its  legis- 
lative capacity,  and  the  General  AB.seml)ly,  the  three 
together  forming  the  Legislature  of  the  Province,  ex- 
tended throughout  the  manors  of  New  York  in  all 
respects  save  one.  Neither  of  these  authorities  could 
in  any  way  whatever  alter,  change,  abridge,  or  in  any 
way  interfere  with  the  franchises,  rights,  powers,  priv- 
ileges, and  incidents,  vested  in  any  Lord  of  a  Manor 
by  his  Manor-Grant.  The  Lords  might  not  choose, 
or  desire,  to  exercise  any  one  or  more  of  the  fran- 
chises, rights,  p(,wers,  privileges,  and  incidents  of  their 
Manors.  This  was  a  matter  in  their  own  discretion, 
but  none  of  them  could  become  void  by  non-user,  nor 
could  the  Province  authorities  of  any  grade  modify 
them  in  any  way.  If  the  Lords  preferred,  or  had  no 
objection,  to  have  any  local  duties,  legal  acts,  or  oflices, 
exercised  by  justices  of  the  peace,  assessors,  consta- 
bles, and  other  minor  officers,  either  chosen  by  their 
tenants  alone,  or  by  their  tenants  in  connection  with 
the  inhabitants,  freeholders  of  any  adjoining  non- 
Manorial  lands,  this  could  be  done  by  an  act  of  the 
Provincial  liCgislature.  But  no  act  of  such  a  nature 
could  be  passed  against  their  wiahi>8.  Hence  thereare 
to  be  found  many  acts  of  the  kind  alluded  to  in  the 
Colony  laws. 

The  jurisdiction  of  the  "Supreme  Court,"  of  the 
"  Inferior  Court  of  Common  Pleas  "  and  of  the  Court 
of  Sessions,  extended  to  all  lauds  whether  Manorial 
or  nou  Manorial. 


THE  ORIGIN   AND  HISTUKY  OF  THE  MANORS. 


IM 


Ho  t<K),  in  the  inntttT  of  I'lcctionM,  the  inhahitnnta  of 
nil  the  Miinors,  (except  that  of  Cortluiiilt  which  hud 
II  reprettentutive  of  its  own  titi  a  friinehise  of  its  Manor- 
<triint)  united  with  tlie  people  oftlie  non- Manorial 
landH  ill  the  choice  of  Members  of  ABoenihly  for  the 
(.'onnty. 

The  power  of  the  lli>?li  Sherilf  of  the  County,  wlio 
was  ulwavrt  a  gentlenian,  watt  appointed  hy  tlie  (iov- 
eriior,  mid  served  without  pay,  an  in  Kiigland,  was  as 
complete  and  thorough  in  the  Manor!)  as  out  of  them. 
The  fees  of  the  otHce,  which  were  vastly  lighter  in 
jiroportion,  than  those  of  elected  Slicritfs  now,  went 
iitler  beiiin  reported  to,  and  scriitini/.ed  l;y  the  lliph 
HheriH',  to  the  rndershcrill'  and  the  one  or  two 
deputies,  who  were  all  that  the  business  of  the  Coun- 
ty required  in  the  Colon inl  era.  If  any  overcharge 
or  oppression,  was  attempted,  a  complaint  properly 
proven,  to  the  Jligh  Shcritf  liiinself,  was  all  that  was 
necessary  to  rij^lit  the  wronj;;. 

Again,  in  military  matters,  the  military  organi/a- 
tion  of  the  County  was  etfecled  in  the  County  us  a 
whole  without  regard  to  the  Manors.  Soinetiiiics, 
however,  their  naiiies  were  given  to  the  companies 
enrolled  within  their  limits. 

A  Colonel  for  the  (/'oiiiity  commissioiied  by  the 
(fovernor,  cominanded  the  one  regiment,  which  was 
formed  of  the  enrolled  companies  within  itx  liiiiitti, 
all  of  which  were  infantry.  Towaril  the  close  of  the 
Colonial  period,  when  the  population  had  increased, 
a  Light  Horse  organi/.alion  of  one  or  two  troops  for 
the  County  in  general  was  lornied,  the  Commander 
of  which  was  a  Lieutenant-Colonel,  or  Colonel.  The 
inhabitants  of  the  Manors  were  enrolled  in  both  pre- 
cisely as  were  those  of  the  rest  of  the  County. 

The  thirti  act  passed  by  the  first  Assembly  under 
William  and  Mary  in  l(i!ll,  provided  for  the  annual 
ulection  in  each  town  of  "u  certain  Freeholder"  "to 
supervize  and  examine  the  I'ubliek  and  Necessary 
Charge  of  each  respective  County,  which  persons  so 
diiely  chosen  shall  elect  and  constitute  u  certain 
Treasurer  for  each  respective  County."  It  also  pro- 
vided for  the  election  of  two  Freeholders  in  each  town 
as  Assessors.  This  wius  the  origin  in  New  York  of 
County  Assessors,  Supervisors,  and  Treasurers.'  Only 
Freeholders  could  be  electors,  and  the  second  Act  of 
liiHl,  dctines  a  Freeholder  to  be,  "every  one  who 
shall  have  Forty  shillings  per  annum  (N.  Y.  Currency) 
in  Freehold."'  And  the  same  act  apportioned  to 
Westchester  County  two  Members  of  Assembly.  In 
the  second  year  of  liueen  Anne,  eleven  years  later, 
this  tliiril  act  of  ItiHl  was  re-enacted  in  an  eiihirged 
and  amended  form.  Its  provisions  are  worth  ([noting  in 
lull  as  showing  the  early  internal  economy  civil  and 
jiolitieal  of  the  County  and  how  all  interests  manorial 
and  non-manorial  moved  in  harmony  and  unison. 
Its  words  are  "That  there  be  elected  and  chosen  once 
every  year,  in  each  respective  Town  within  this  I'rov- 


UII.  BndfonI  0. 


•  Ibid.  3. 


ince,  by  the  Freeholders  and  Inhabitants  thereof,  one 
of  their  Freeholders  and  Inhabitants,  to  eomitute,  as- 
certain, examine,  oversee,  and  allow  the  Contingent 
public  and  necessiiry  charge  of  each  County,  and  that 
each  ami  every  Freeholder  in  any  Manor,  Mberty, 
.liirisdiction,  Precinct,  and  oiit-i'luntation,  shall 
have  liberty  to  joyn  his  or  their  Vote  with  the  next 
adjacent  town  in  the  County  where  such  Inhabitant 
shall  dwell,  for  a  choice;  of  Supervisor  (except  the 
Manor  of  llcnssclaerswyck  who  shall  have  libirrty  to 
cliuse  a  Supervisor  for  the  same  Mannor).  And  also, 
that  there  shall  be  in  each  Town,  Mannor,  and  Pre- 
cinct, by  the  Frceludders  and  Inhabitants  hereof,  in 
every  respective  County  annually  two  Assessors,  and 
one  Collector,  wlii<'h  Supcrvi/.ors,  Assessors,  and  Col- 
lectors, shall  be  annually  chose  in  every  Town  on  the 
first  Tiirmliii/  in  April,  or  such  days  as  is  appointed  by 
their  (Miarters  or  Patents,  which  Snpervizorsso  chosen 
shall  annually  meet  at  the  County  Town  in  each 
respective  ("oiinty,  on  the  first  TneKdni/  in  Ortobi:i; 
and  at  such  other  time  and  times  us  the  said  Snper- 
vizor-.  shall  judge  anil  find  necessary  and  Convenient," 
to  pt^rform  the  dnties  of  their  oflice.'I 

In  1722  the  iinmiicr  of  Supervizors  was  increased 
in  the  County  of  Westchester  by  a  special  Act,  ])assed 
on  the  ()tli  of  November  in  that  year,  as  the  titrmer 
.Vet  which  applied  to  the  whole  Province,  worked 
nnei|ually  in  some  respects  in  Westchester.  It  pro- 
vide<I  "for  such  Mannor  or  Mannors  as  (in  their 
Rates  and  Taxes)  have  nsnally  been  or  hereafter  may 
be  divided  into  two  or  more  Divisions.  That  a  Snj)er- 
vizor  may  in  like  manner  be  chosen  for  each  of  such 
Divisions  by  the  Freeholders  and  Inhabitants  there- 
of .\nd  where  thesaid  Inhabitants  shall  omit  to  make 
such  annual  choice  in  any  of  the  saiti  Divisions,  or 
ill  such  Mannor  or  Mannors,  where  not  uliove  twenty 
Inhabitants  do  dwell  or  reside,  the  Owner  or  Owners 
of  such  Mannor  or  Mannors,  or  of  such  Division 
thereof  as  aforesaid,  or  the!'-  *^>ewiirds  or  Deputies, 
shall  be  deemed  and  esteemei  '.ipervlzors  thereof 

respectively,  anil  have  the  saint  ••m,  to  all  intents, 

constructions,  and  purposes,  wi.  soever  as  those 
chosen  by  virtue  of  the  Act  above  mentioned.* 

The  act  of  170;?  called  for  the  annual  meeting  of 
the  Sui)ervisorB  at  the  "  County-town,"  which  then 
was  the  Town  of  Westchester.  In  174.5  the  popula- 
tion had  so  much  increased  as  to  make  a  change 
to  another  part  of  the  County  desirable,  therefore 
an  act  was  pa.ssed  on  the  27th  of  November  in  that 
year  changing  the  place  of  iiieeting  us  "  much  for  the 
ease  of  the  people,"  which  provided  that  "  the  nn- 
nual  meeting  shall  be  at  the  School  House  in  the 
Town  of  Rye,"  and  that  the  majority  shall  have 
power  to  adjourn  to  such  time  and  place  as  they  see 
proper.' 

The  next  change  did  not  occur  till  1773,  twenty- 


»1II.  BraUfonI,  .1:1.  «11I.  Bradford  212. 

>>  1  Vau  ^hiuik'ii  Lawn,  ck.  MM. 


110 


HISTORY  OF  WESTCHESTER  COUNTY. 


eight  years  later.  Then  another  act  was  passed  chang- 
ing the  annual  meeting  of  the  Supervi/.ors  "  to  the 
Court-House  at  Whiteplains  on  account  of  the  in- 
crease of  inhabitants  of  the  northerly  part  of  said 
County,"  with  a  lilte  liberty  to  adjourn  to  such  time 
and  place  as  they  should  please.'  This  building  was 
the  first  Court-House  in  Whiteplains  which  was 
burned  by  the  Americans  a  day  or  two  after  the 
battle  of  Whiteplains  in  177().  It  stood  on  the  same 
site  as  its  successor,  the  old  wooden  Court-House  on 
Main  St.,  which  was  pulled  down  after  the  erection  of 
the  present  handsome  stone  edifice  on  Kail-Koad 
Avenue. 

Another  fact  of  interest  which  shows  the  upwanl 
march  of  population  of  the  people,  both  of  the 
manors  and  the  towns  is  the  change  in  the  place 
holding  the  County  elections  which  it  j)roduced. 
The  Colonial  elections,  it  must  be  remembered,  were 
not  by  ballot  an  our.s  are  now,  but  like  those  in  Eng- 
land, viva  voce.  The  term  "  hustings  "  was,  and  is 
used  in  England  to  describe  the  place  of  election,  but 
though  the  thing  was  the  same  in  New  York,  the 
word  does  not  sjeem  to  have  been  in  use  here.  At 
least  no  instance  of  its  employment  has  been  met 
with  by  the  writer. 

The  first  law  on  the  subject  passed  in  1(599  directed 
that  the  t^heritf  "  shall  liohl  his  Court  for  the  same 
Election  at  the  most  pnblifk  and  nmal  I'lacc  of  Elec- 
tion within  City  or  County  where  the  same  has  most 
usually  Iji'cn  made."-  This  was  usually  at  West- 
chester before  it  was  chartered  as  a  "  Boroughtown  " 
and  after  that  at  Eastchcster. 

lint  in  1751,  on  the  ^oth  of  November  the  place 
was  changed  by  a  special  act  of  the  Legislature," 
which  is  of  such  curious  interest  for  its  reasons  and 
choice  of  a  new  place,  and  its  stern  enforcement 
of  that  choice  that  it  is  here  given  in  full. 

"  Whereas  the  County  of  Westchester  is  very  exten- 
give,  and  the  extreme  parts  thereof  to  the  Northward, 
have  of  late  years  become  very  populous ;  and  where- 
as the  Elections  for  l{e|)re8entatives  to  serve  in  the 
(jeneral  As.senibly  for  the  said  County,  have,  from  the 
fimt  settlement  of  the  said  County,  been  held  at  the 
Southern  Part  i/f  said  County;  it  now  becomes  ex- 
tremely inconvenient  for  the  Freeholders  of  the 
Upper  or  Northern  Parts  thereof,  which  are  now  be- 
come, by  far,  the  most  numerous,  to  attend  those 
Elections  at  so  great  a  distance  from  their  respect- 
ive Habitations  :  For  Remedy  whereof  for  the  Fu- 
ture ; 

I.  Be  it  Enacted  by  his  Excellency  the  Governor,  the 
Vonncil,  and  the  Qenei-al  Assembly  and  hy  Authority  of 
t/ie  Same,  That  in  All  Elections  hereafter  to  be  Made 
in  the  said  (bounty  of  Wmtehenler,  for  electing  Repre- 


'  I  Vcm  SrliBiik's  Lawn,  oh.  m\ 

ill.  Itriidfui'd  :t;t.  The  n'ferpuce  luTc  in  to  tliu  oU<ctiuMH  lielil  for  the 
AiwxinljIli'H  for  liM.'l  to  Ktgri  linlualvu  iimlur  tliu  Duke  uf  York,  the  laat 
of  which  was  uniler  Jhiiioh  lu  kiiiK- 

>  Ch.  lill  of  I.  LiT.  li  Smith,  4S3. 


sentatives  to  serve  in  this,  or  any  future  Assembly  of 
this  Colony,  the  Sheriil"  of  the  Said  County  for  the 
time  being,  or  his  Deputy,  shall  hold  his  Court  of 
Election  at  or  near  the  Presbyterian  Meeting-House 
in  the  White-Plains,  in  the  said  County,  and  at  no 
other  Place  Whatsoever ;  any  Law,  Usage,  or  Custom 
to  the  contrary  notwithstanding. 

II.  And  be  it  Further  Enacted  by  the  Authority  afore- 
said, That  if  any  Sheriff  of  the  said  Counsy  of  West- 
chester, or  Deputy  of  the  said  Sheriff,  Shall  after  the 
Publication  of  this  Act,  in  the  Execution  of  any 
Writ  or  Writs  for  the  electing  "  Representatives  for 
the  Said  County,  to  serve  in  this  or  any  future  As- 
sembly, act  contrary  to  the  Directions,  and  true  In- 
tciit  and  Meaning  of  this  Act;  they  shall  respectively 
forfeit  the  Sum  of  One  Hundred  Pounds  ($250).  to  be 
recovered  in  any  Court  of  Record  within  this  Colony, 
by  any  person  aggrieved ;  and  the  said  Election  so 
made  contrary  to  the  Directions  and  true  Intent  and 
Meaning  of  this  Act,  shall  be  null  and  void  to  all 
Intents,  Constructions,  and  Purposes  Whatsoever." 

Not  only  does  it  prove  the  great  change  of  popula- 
tion, south  of  the  Mftnor  of  Cortlandt,  to  which  it 
not  apply  as  that  Manor  elected  its  own  representa- 
tive, but  the  severity  of  the  last  clause  would  seem  to 
show  that  there  was  some  opposition,  probably  politi- 
cal, to  the  change.  It  applied  to  the  whole  County 
except  the  Manor  of  Cortlandt  and  tlie  "  Borough  " 
of  Westchester,  which  elected  their  own  representa- 
tives. 

No  other  change  was  made  during  the  Colonial  era, 
and  from  1751  to  1776,  all  the  County  "Courts  of 
Election  "  were  held  at  the  Presbyterian  Church  in 
White  plains. 

The  Colonial  elections  were  not  held  at  fixed  times 
as  at  present,  but  at  whatever  dates  the  "  writs"  of  elec- 
tion were  issued  to  the  Sheriff  by  the  Secretary  of  the 
Province,  at  the  command  of  the  Governor  and  Coun- 
cil. Conseiiuently  they  were  held  at  variims  seasons 
iiftheyear,  but  usually  early  in  the  spring  orin  the  fall. 

The  qualification  for  electors  "in  the  Cities,  Coun- 
ties, and  Mannors  "  of  the  Province,  was  the  having 
by  "every  one  of  them,"  "of  Land  or  Tenements 
improved  to  the  value  of  Forty  Pounds  in  Freehold, 
tree  from  all' Incumbrances,  and  have  possessed  the 
same  three  Months  before  the  Test  of  the  said  Writ." 
As  soon  as  the  writ  was  received  by  the  Sheriff,  he 
was  obliged  in  six  days  to  give  at  least  six  days  pre- 
vious public  notice  of  the  time  and  place  of  election, 
to  each  constable  in  his  bailiwick  to  be  affixed  to  the 
most  Public  Place  in  each  Town,  or  Mannor.  At  the 
time  and  place  fixed  the  Sheriff  attended  with  his 
Deputies  and  presided  at  the  "  Court  of  Election." 
The  electors  met,  the  candidates  being  present,  the 
Sheriff  announced  the  names  of  one  side,  when  all  of 
their  supporters  held  up  their  hands ;  then  he  an- 
nounced the  names  on  the  other,  and  tlieir  supporters 
held  up  their  hands.  He  then  ann<mnci>(l  who  had  the 
most.  In  case  the  election  was  not  determined  by  this 


THE  ORIGIN   AND   HI8T0RY   OF  THE   MANORS. 


Ill 


"  view,"  iia  the  law  calls  it,  or  "  show  of  hands,"  as  it 
was  popularly  terini'd,  with  the  consent  of  the  elec- 
tors, then  "  a  Poll  "  was  required.  The  Sheriff  then 
appointed  a  euflicient  number  of  clerks  who  were 
sworn,  ''  Truly  and  Indifercntly  to  take  the  same 
Poll,  and  to  set  down  the  names  of  each  Elector, 
and  the  place  of  his  Freehold,  and  for  whom  he  shall 
poll,  and  to  poll  no  Elector  who  is  not  sworn,  if  so 
required  by  the  Candidates  or  any  of  them,  then  and 
there  present."  The  Sheriff  also  appointed  to  each 
candidate  such  one  person  as  the  latter  designated 
"  to  be  Inspectors  of  Every  Clerk."  Every  elector 
if  a  candidate  desired  it  was  obliged  to  swear  in  his 
vote,  which  wiis  given  audibly  by  word  of  mouth.  At 
the  end  the  Sheriff  nuide  a.  return  of  the  votes  cast  in 
writing  and  announced  the  result.  The  return,  which 
was  a  certified  copy  of  "  the  poll  "  as  taken  by  the 
Clerk  "  in  his  presence,  the  Sheriff  returned  to  the 
Secretary  of  the  Province,  who  i)roduced  it  at  the 
first  meeting  of  the  Assembly  which  was  the  judge  of 
the  validity  of  all  elections  of  its  membere.  Neither 
the  Sheriff  nor  his  deputies  were  permitted  to  charge 
any  fees  whatever.  And  he  was  bound  to  furnish  "  a 
copy  of  the  poll "  to  any  one  who  demanded  it,  on 
"payment  of  a  reasonable  charge  for  writing  the 
same." 

Such  was  a  Westchester  County  election  in  Colony 
Times,  and  such  the  Presbyterian  Church  in  White- 
Plains  witnessed  from  1751  to  1705  inclusive.  This 
edifice  of  woo<l  stood  on  the  site  of  the  present  stone 
church  on  Main  street,  but  was  burned  down  in  177() 
by  the  Americans,  Massachusetts  troops,  in  the  same 
fire  which  destroyed  the  Court-House  as  has  been 
mentioned  above. 

Another  matter  of  interest  in  Colonial  days  to  the 
people  of  Westchester,  were  the  two  Fairs  held  by  law 
in  the  county.  In  England  Fairs  were  often  a  fran- 
chise of  a  manor,  as  well  as  of  a  town  or  county,  but 
neither  of  the  Westchester  manors  possessed  it.  The 
reason  ])robably  was,  that  very  early,  in  lli94,  before 
the  time  several  of  them  were  erected,  a  general  "Act 
for  the  settling  of  Fairs  and  Markets  in  each  respec- 
tive City  and  County  throughout  the  Province  "  was 
passed.'  It  directed  that  two  Fairs  be  "  kept "  in  the 
County  of  Westchester,  the  first  at  Westchester  on  the 
second  Tuesday  in  May,  the  second  to  be  "kept"  at 
Rye  on  the  second  Tuesday  of  October,  each  yearly, 
and  to  be  "  held  for  four  days  inclusive  and  no  longer," 
so  as  to  end  on  the  "  Fryday  "  of  each  week;  "All 
which  Fairs  shall  be  holden  together  with  a  Churt  of 
Pijpnwder,  and  with  all  Lihrrtiei>  and  Free  Customs  to 
such  Fairs  appertaining,  or  which  ought  or  may  ap- 
pertain, according  to  the  Usage  andCkistoms  of  Fairs 
holden  in  their  Majesties  Realm  of  England."  The 
Governor  of  the  Province  commissioned  for  each  Fair 
"a  Oovernour  or  Ruler  "  authorized  to  hold  a  Court 
of  I'ypowder  on  each  of  the  days  of  the  Fairs,  who 

UK.Bnul,  IT. 


was  charged  with  the  preservation  of  order,  and  who 
could  try  all  causes  of  Conqilaint  of  every  Kind,  and 
all  disputes,  arising  at  the  Fairs,  and  could  punish 
"by  Attachments,  Summons,  Arrests,  Issues,  Fines, 
Redemptions,  and  Commodiiies,  and  other  Rights 
whatsoever,  to  the  same  Courts  of  Pypowder  any  way 
appertaining,"  To  these  Fairs,  couM  be  carried,  for 
sale,  (for  they  were  not  E.\hibitions  for  prizes  like 
modern  Fairs,  but  places  for  trade)  "all  sorts  of  Cattle 
Horses,  Mares,  Colts,  Grains,  Victuals,  Provisions,  and 
other  Necessaries,  together  with  all  .sorts  of  Merchan- 
dize of  what  nature  soever,  and  them  to  expose  to 
sale  or  Barter  in  Gross  or  by  Retail,  at  the  Times, 
Hours,  and  Sesisons,  that  Governours  or  Rulers  of  the 
said  respective  Fairs,  for  the  Time  being,  slmll  pro- 
claim and  appoint."  The  Governor  was  also  obliged 
to  .set  apart  a  certain  space  or  "  Open  Place"  for  all 
tlie  horse  kind,  where  they  could  be  sold,  and  put  a 
person  in  charge  as  "  Toll-Gatherer  "  wlio  was  to  take 
"  Nine  pence  "  a  day  for  every  animal  brought  there  and 
sold  ;  and  who  was  to  jjut  down  in  writing  in  a  book, 
the  names,  sir-names,  and  dwelling  places  of  all  the 
said  Parties,  and  the  Colour,  with  one  special  mark  at 
least,  of  every  such  Horse,  Mare,  Gelding,  or  Colt," 
sold,  bartered,  or  exchanged  under  a  penalty 
of  a  fine  of  Forty  Shillings.  The  "Toll-gatherer, 
was  obliged  the  next  day  after  the  Fair"  to 
deliver  the  said  book  to  the  "Governour,"  who 
was  to  make  a  note  therein  of  all  the  number  of  all 
the  animals,  so  sold  i^'c.  at  the  Fair,  and  subscribe 
bis  name  to  it,  for  which  entry  ;)f  such  sale  Ac.  he 
was  "  to  take  for  Toll  of  the  same  the  sum  of  Nine 
pence,  the  one  half  to  be  paid  by  the  Ruycr,  the  other 
half  by  the  Seller."  It  is  evident  from  this  that  the 
old  Westchester  men  meant  that  their  dealings  in 
horses  at  their  Fiiirs  should  be  as  honest  as  the  nature 
of  the  business  would  permit,  whatever  may  been  the 
l)ractical  result. 

Such  were  the  County  Fairs  of  the  Colonial  Days, 
and  to  them  went  regularly  great  numbers  of  people 
with  their  stock  and  produce,  from  the  Manors, 
Great  Patents,  and  villages  of  all  Westchester.  And 
there  too  went  as  in  more  modern  days  the  county 
politicians  of  all  kinds  who  of  course  attended,  as 
their  successors  do  now,  solely  for  the  good  of  their 
country. 

In  this  connection  it  is  proper  to  state  the  origin 
and  organizati<m  of  the  County  itself  as  such. 

Under  the  Dutch  there  was  no  county  organization, 
each  of  the  settlements  then  in  existence,  and  the 
Patroonship  of  Colendonck,  were  sii'iply  mere  parts  of 
the  Province  of  New  Netlierland  entirely  independ- 
ent of  each  other. 

When  the  Dutch  surrendered  New  Netlierland  in 
l(iti4,  one  of  the  first  acts  of  the  first  English  Governor 
Richard  NicoUs  was  to  re-mime  it  and  its  parts  in  the 
English  langiuige  in  the  English  manner.  This  he 
did  by  using  mainly  the  name  and  titles  of  the  Duke 
of  York,  who  was  Lord  Proprietor  of  the  Province, 


1-li 


HISTORY  OF  WESTCHESTER  COUNTY. 


aiulby  whoinhewHsappointedtlieChief'oftheConiniis-  | 
hIqii  to  I'.'iptiire  it,  ami  thi-ii  to  I'oininaiKl  it  as  its  tirst  I 
( lovenior.  It  was  a  very  natural  thing  for  iiiiii  to  do, 
but  its  result  has  hci'ii  to  fasten  forever  on  what  is  now 
the  ehiefest  eity  of  the  Western  hemisphere,  that  most  j 
iua(le(|UMto  name — New  York.  As  the  entire  region 
surrounding  Old  York  in  England,  from  whieli  the 
Duke  took  his  title,  forms  the  County  there  called 
"  Y'orkshirc;  ''  and  as  it  is  one  of  the  largest  in  Eng- 
land, it  wns  early  for  convenience  sake  divided  into 
three  Districts,  termed  in  the  peculiar  Dialect  of  that 
region,  Ridings,  which  i'rom  their  position  were  termed 
the  Eiist,  West,  and  North,  ]lidings  of  Y'orkahire. 
This  examjile  Governor  Nicolls  faithfully  followed. 
He  called  Long  Island,  Staten  Island  and  Westchester, 
as  the  region  nearest  to  "  New,"  Y'ork,  "  Yorksliire," 
and  divided  it  into  threi'  "Ridings,  the  "East," 
"West,"  and  "North,"  "Ridings.  The  region  now 
Sutlblk  ("ounty  (brined  the  "  East  Riding  ;  "  Staten  Is- 
land, King.s  County,  and  the  town  of  Newtown  in 
(.Jueens  County,  formed  the  "  We.st  Riding ;  "  therc- 
mainder  of  what  is  now  (Queens  County,  together  with 
what  is  now  We.xtchester  County,  being  all  the  territory 
ou  the  main.  North  of  the  Harlem  River  and  South  of 
the  Highlands,  between  the  Sound  and  the  Hudson,  he 
called  the  "  North  Riding."  As  the  portion  of  "the 
North  Riding  "  on  the  main,  Westchester  County  was 
legally  and  popularly  known  till  the  year  l(i83.  In 
that  year  it  received  its  present  name  in  an  act  of  the 
first  legislature  of  New  York,  which  sat  in  the  "  Hall  " 
of  Fort  Jauies.  This  Assembly  which  there  sat,  was 
called  by  the  cx|)r&ss  "  Instructions"  of  the  Duke  of 
Y'ork  by  his  Governor  Thomas  Dongan  subsecpiently 
Earl  of  Limerick,  and  was  the  very  first  ever  held  in 
New  York.  This  .Vet,  passed  on  the  1st  of  November, 
H)C;?,  runs  ; bus:  "  Haveing  taken  into  Considerii(,'on 
the  necessity  of  divideing  the  province  into  respective 
Countyes  for  the  better  governing  and  setleing  Courts 
in  the  same,  Jiec  It  Enacted  by  the  Crovernour,  Coun- 
ccU  and  Re|)rc8entativcs,  and  by  authority  of  the  same 
That  the  said  Province  bee  divided  into  twelve  Coun- 
tyes as  followetb  :  .  .  .  The  Countye  of  H'<»A7(C'<^r 
to  contain  Went  ind  IJa-il  C/iestrr,  Jiroii.v^  Land,fford- 
ham,  Anw  Jhoh  Ned;  Itichhilh,  Minford'x  Is/and  and 
all  the  Land  on  the  Maine  to  the  Eastward  of  Man- 
liattiin'K  Inland  As  farr  as  the  (ii)vorinnent  E.xtends 
and  the  Yonckrrs  Land  and  Northwards  along  IIuiImiix 
River  as  farr  as  the  High  Lands."  After  describing 
all  the  "eountyes"  seriatim,  the  Act  terminates  with 
this  clause,  which  first  created  English  High  Sheritls 
in  New  York:  "And  for  as  much  there  is  a  necessity 
for  a  High  Sherili'e  in  every  County  in  this  I'rovince, 
Hrc  it  therefore  Einicted  by  the  Governour,  Councell, 
and  Representatives  in  Gunerall  Assembly  mett  and 
by  the  Authority  of  the  same.  That  there  shall  be 

<  Tlila  1>  tlip  oarliuet  lnr>tnncL'  tlio  writur  lias  ruiinil  of  the  tiHc  of  tlio 
woni  **Hr(Hix."  *' antiikon  l»f«  liutd "  iimi  "  Hronkus"  Land'*  and 
Ilmnki'ii  Ilivor,  were  tlio  llrnt  tnniu  iisml. 


yearly  and  Every  yeare  an  High  Sheriffe  constituted 
and  Commissioned  for  Each  County  And  that  Each 
Sheriffe  may  have  his  under  Sherilfe  Deputy  or  Dej)- 
utyes."  From  I()S;{  to  I78.'5,  i)reci8ely  one  hundrftl 
years,  the  High  Sherillij  existed,  and  so  were  they 
always  designated.  A''terthe  Revolution  the  prefix 
was  dropped,  the  duties  remained  the  same,  however, 
except  the  holding  of  "Courts  of  election  "  was  taken 
from  them,  and  these  odicers  themselves  were  appoint- 
ed by  the  State  (iovernor.  Uy  the  Constitution  of  1821 
they  were  made  elective.  A  great  mistake,  for  an 
officer  clothed  with  a  8herifi"8  powers,  of  all  others, 
should  never  be  made  elective.  As  its  result  we  see 
the  corruptions,  extortions,  and  cruelties,  which  are 
known  to  every  observant  man,  especially  in  the  cities 
of  the  State. 

The  Acts  of  the  Legislatures  from  1683  to  1(185  in- 
clusive under  the  Duke  of  York  as  Lord  Proprietor, 
and  of  l(i8()  under  him  as  .Tames  II.  though  existing 
in  numuscript  in  the  State,  have,  strange  to  say,  never 
been  printed  by  the  Province,  nor  the  State  of  New 
York,  a  fact  disgraceful  to  both.  This  one  dividing 
the  Province  into  Counties,  liowever,  has  by  itself  been 
printed  in  two  .)r  three  historical  works,  the  last  of 
which  is  the  xiiiih  volume  of  the  Colonial  History 
of  New  Y'ork,  in  which  it  is  on  the  very  last  page. 
But  to  this  hour  it  has  never  appeared  in  any  of  the 
volumes  of  the  Laws  of  New  York.  It  was  passed 
and  signed  by  Governor  Dongan  on  the  1st  of  No- 
vember 1683,  and  is  entitled  "  An  Act  to  divide 
this  Province  into  Shires  and  Countyes."  It  was 
the  third  act  of  the  first  session  of  the  first  I>egislature 
which  ever  sat  within  the  limits  of  this  State.''' 
Eight  years  later  the  first  Assembly  under  William 
and  Mary  was  called  by  ttovernor  Sloughter. 

The  first  Act  of  the  second  session  of  this  first  Leg- 
islature under  the  "  Instructions  "  of  those  Sover- 
eigns, held  at  the  ''Fort  Hall"  in  September  16'.U, 
was  aconfirnuition  of  the  foregoing  law,  in  the  form 
of  "An  Act  to  divide  this  Province  and  Dependencies 
into  Shires  and  Counties,"''  with  a  |)reamble  that  it 
was  enacted  to  prevent  mistakes  in  the  boundaries. 
The  first  clause  provides  "  That  the  said  Province  be 
divided  into  twelve  Counties,  as  followetb  ;  "  and  the 
third  clause  is,  "The  Connty  of  11  Wc/frd/er,  to  con- 
tain JuiKf  and  WislclieKlcr,  liinnken  Land,  Fordhain, 
Mannor  d'  I'elham,  Min\ford  I'tlniid  '  (now  ('ily  Island) 
and  Richbiil's  Neck,  (now  De  liancey's  Neck)  and 
all  the  land  on  the  Main  to  the  lOastward  of  Manhat- 
tnuR  Island,  as  far  as  the  Goveriinicnt  at  present  ex- 
tends, and  the  )  onc/-c/'.'i  Lund.  .Vnd  Northwards  along 
lliidmnx  River  as  far  as  the  High  Lands."  The 
member  chosen  from  Westchester  County  to  this  As- 


■-'  It  iM  liPfi*  rili'il  frnrii  iL  MS.  ropy  ol  tho  oiujiunl  ,lfiti(i(«rc('/j(  uf  the 
Ihttigait  t.iiirn,  lit  Altxiny,  in  wliii'li  it  in  funilil  ttn  ihikc  12. 

ni.  Iliadford's  I.aws,  oil.  171ii,  p.  11.  III.  llnulfdid'H  l.n\v»,  imI.  17'2li, 
p.  II.     1.  Living*4tun  A  KniitirH  Uiw-f,  <>.,  II.  Vitn  Si-hiuick,  0. 

4  WDNti-hi-Hti'i'  ifl  nuniiMl  ni*8t  in  tlio  oriKiniil  act,  wtiile  it  in  Kecond  liure. 
Tlild  in  tli«  out''  ciningu  that  wha  iiiailt;. 


THK   ORIGIN   AND  HISTORY   OF  THE   MANORS. 


113 


senibly  was  John  Pell,  who  weh  thus  the  first  of  a  line 
of  Assemblymen  for  the  County  which  has  existed 
from  that  day  to  this.  In  the  Governor's  Council  at 
the  time  of  this  first  Assembly  as  Members  by  Royal 
appointment,  and  as  such,  members  of  the  Upper 
House  which  passed  this  Act,  were  Stephanus  Van 
('ortlandt  and  Frederick  Philipse,  who  were  also  of 
the  Council  under  James  as  Duke  and  as  King.  Thus 
iimong  the  framers  of  the  original  act  which  created 
the  County,  who,  so  to  speak,  were  present  at  its  birth, 
and  also  at  its  confirmation  were  two  members  of  fam- 
ilies, subsequently  manorial,  both  of  whom  were  the 
first  Lords  of  the  Manors  of  Philipsburgh  and  Cort- 
limdt,  neither  of  which  had  then  been  erected.' 

Who  represented  "  The  North  Riding,"  in  the  As- 
sembly under  the  Duke  of  York  is  not  known  as  the 
Journals  of  all  the  Assemblies  from  1083  to  1()8()  have 
Keen  lost,  and  the  names  of  the  members  of  all  of 
them  have  consequently  gone  into  oblivion. 

No  change  whatever  took  place  in  the  limits  of 
Westchester  after  the  act  of  Iti'Jl,  until  the  "Equiva- 
lent Lands,"  or  "Oblong,"  was  acquired  by  New  York 
in  the  settlement  of  a  boundary  dispute  with  the 
Colony  of  Connecticut,  on  the  11th  of  May,  1731. 
This  was  a  strip  nearly  two  miles  in  width  taken  ofl 
the  western  side  of  Connecticut  as  far  north  as  Mas- 
sachusetts, and  ceded  to  New  York  in  exchange  for 
lands  upon  the  Sound  yielded  to  Connecticut.  The 
extension  of  the  counties  of  New  York  over  this  strip 
was  not  made  by  a  Legislative  act.  Being  an  addi- 
tion to  a  Crown  Colony,  it  was  a  new  acquisition  by 
the  Crown,  and  iis  such  its  status  was  legally  deter- 
minable by  the  King.  Hence  an  'H)rdinance"  by  the 
(tovernorof  New  York  in  the  name  of  the  King  was 
issued  on  the  2t)th  of  August  1733  extending  West- 
chester and  the  other  counties  afl'ected  up  to  the  new 
line  between  New  York  and  Connecticut  established 
by  the  agreement  of  the  14th  of  May  1731.  As  this 
Ordinance  does  not  appear  in  any  collection  of  New 
York  Laws  and  Ordinances  that  the  writer  has  seen 
nor  in  the  two  volumes  of  Historical  Documents  relat. 
ing  to  the  Boundaries  of  New  York,  lately  compiled 
ami  printed  by  order  of  the  Regents  of  the  University 
and  is  rare,  it  is  here  given  in  full  from  an  original 
printed  cojjy  in  the  writer's  possession. 

"An 
Ordinance  for  The  Running  and  better  Ascertaining 
the  Partition  Lines  between  the  Counties  of  Wmf- 
ilimlrr,  DiiMii'im,  Albania  and  I'Mer,  and  extending 
those  Counties  on  the  East  side  of  Hudtons  Rivrr  to 
the  present  Colony  Jjine  of  Connecficu/. 

()K()K(ii';  the  Second,  by  the  (trace  of  God,  of  Great 
Hrifaiu,  rVance,  i\n(\  Inland,  Kino,  Defender  of  the 
Faith,  Ac.  To  all  Our  loving  subjects  inhabiting  or 
lieiiig  in  our  Province  of  New  York,  and  to  all  others 
whom  it  doth  or  may  concern,  Greeting, 

I  AihI  .tolin  Pull  wlu)  wafl  tliu  iiutnilHir  for  tint  (\iunty  in  1(101,  niiit 
votpit  fnr  the  lu't  i)f  thrtt  yoHr,  wai*  of  t!it»t  olit  fHiiitly  wliirh  tlu^i  \m#- 
M>MK><I  i\w  MuiKintt'  IV'Uiiiin. 

8 


Whereas  since  the  passing  of  the  Acts  of  Assembly 
in  the  year  1683,  and  1691,  for  dividing  this  Province 
and  its  Dependencies  into  Shires  and  Counties,  there 
are  several  acquisitions  of  Lands  by  New  Settlements, 
and  otherwise,  particularly  the  Equivalent  J..tnds  Sur- 
rendered by  the  Colony  Connecticut,  whereby  this 
Colony  has  became  larger  than  it  was  before.  And 
Whereni>  notwithstanding  that  the  Counties  lying  on 
the  West  side  of  Hudson's  River,  were  by  the  said 
.4.cts  intended  to  be  parted  and  divided  by  a  West 
Line  to  be  drawn  from  Huditon's  River,  at  the  respec- 
tive Stations  and  Places  on  the  said  River,  mentioned 
in  the  said  Acts,  to  the  utmost  extent  of  Our  said 
Province  on  the  West  side  of  the  said  River  ;  and 
that  the  Counties  lying  on  the  East  side  of  the  said 
ffudioii'n  River  were  likewise,  by  the  said  Acts,  in- 
tende<l  to  be  parted  and  divided  by  an  East  Line  to 
be  drawn  from  Iludnon'n  W/wer  at  the  rcsjiective  Places 
and  Stations  on  the  said  River,  mentioned  in  the 
said  Acts,  to  the  utmost  extent  of  Our  said  Province, 
on  the  East  side  of  the  said  River,  Yet  the  People 
living  on  the  Borders  of  the  said  Counties,  or  some  of 
them,  for  want  of  the  said  actual  Running  and  Sur- 
veying of  the  said  Partition  Lines,  protest  sometimes 
that  they  are  in  one  County,  and  sometimes  within 
another,  and  on  that  pretence  have  committed  several 
Abuses,  and  endeavored  to  elude  all  Process  issuing 
from  the  Courts  of  Judicature,  to  the  great  hindrance 
of  Justice,  encouragement  of  Fugitives  and  Vaga- 
bonds, and  to  the  disturbance  of  our  Peace. 

And  Whereax,  since  the  passing  of  the  said  Acts, 
the  Vhrixtian  Settlements  and  Plantations,  have  been 
greatly  extended  into  the  Indian  (hunties,  particu- 
larly in  that  part  of  the  Province,  which  is  called  and 
esteemed  the  County  of  Albanij,  from  whence  some 
Doubts  have  arose.  Whether  the  Settlements  made 
since  the  passing  of  the  said  Acts,  are  at  present 
within  the  said  County  of  Albany  f 

In  order  therefore,  to  remove  such  Doubts,  remedy 
such  mischiefs,  and  prevent  the  like  Incoiivenencies 
for  the  future,  We  do  hereby  Ordain  and  Direct,  That 
the  County  of  Westcltetttr  do  and  shall  contain,  All 
the  Lands  on  the  Main  between  ITudson'it  Rirer  and 
the  Sound,  to  the  Southward  of  an  East  Line  drawn 
from  a  Red  Cedar  Tree  on  the  North  Side  of  a  high 
Hill  in  the  Highlands,  eomiiionly  called  and  Known 
by  the  Name  of  Anthony's  None,  and  running  thence 
to  the  Colony  Line,  together  with  the  adjacent  Is- 
lands in  the  Sound. 

Now  We  do  hereby  further  Ordain  and  Direct,  That 
the  South  Bounds  of  the  County  of  Atlnny,  do  and 
shall  begin  at  the  Mouth  of  of  a  Creek  "r  Brook 
called  the  Sawyer's  Creek,  on  the  West  side  of  Hud- 
son's River,  and  from  thence  Shall  run  West  to  the 
utmost  extent  of  our  Province  of  Ne^v-  York.  And 
that  on  the  East  side  of  the  said  River,  the  said 
County  of  Albany  shall  begin  at  the  Mouth  of  a 
Brook  called  Roeloff  Jansen's  Kill,  and  shall  run 
thence  Eastward  to  the  utmost  extent  of  our  said 


114 


HISTORY  OF  WKSTCHKSTKR  COUNTY. 


Province ;  and  that  the  said  County  of  Albany 
shall  extend  from  the  said  South  Bounds  Northerly, 
on  botli  sides  Hadmn'a  Hirer,  to  the  utmost  extent  of 
Our  said  I'lovince,  and  sh'iil  compreliend  therein  the 
Mannor  of  fiivingnton,  the  Mannor  of  Ramlaersittijck- 
Schencrfad!/,  and  all  the  Towns,  villages,  neif^hbours 
hoods  and  ClirMian  Plantatiam,  and  all  the  Laud, 
that  now  are,  or  at  any  time  heretofore  in  possession 
of  or  elaimed  by  any  of  the  Indians  of  the  Six  Na- 
tioM,  the  Rivir  Indiana,  or  by  any  other  fiidiaii»  be- 
longing or  depending  On  Our  said  Province. 

And  wc  do  hereby  likewiKC  Ordain  and  Direct,  that 
the  North  Bounds  of  our  County  of  UMer  shall  be- 
gin at  the  Mouth  of  the  said  t*iawyer',i  Greek  or  Brook, 
and  extend  from  thenee  West  to  the  utmost  extent  of 
Our  said  Province. 

And  We  do  hereby  further  Ordain  and  Direct,  That 
the  County  of  Dutches^  do  and  shall  contain  All  the 
Lands  between  liiidxon'H  River  and  the  Colony  ol' 
Connecticut,  from  the  North  Bounds  of  the  County  of 
WenteheMer  to  the  South  Bounds  of  the  County  oi  Al- 
liany. 

And  Our  Royal  Will  and  Plemmre  is,  and  We  do 
hereby  Direct  and  Require,  That  Our  Surveyor  Gen- 
eral of  Our  said  Province  of  New  Y'ork,  shall,  with 
all  convenient  speed.  Run,  and  Survey  the  Partition 
Line  between  the  Counties  of  WestchcKter  tt-  Dntchem, 
the  Partition  Line  between  the  Counties  of  Dutchens 
and  Albany,  and  the  Partition  Line  between  the 
Counties  of  Albany  and   IJlster. 

In  Testimony  Whereof,  We  Hare  earned  theiie  Our 
Letters  to  be  Made  Potent,  and  the  S<al  of  Our  Prorinee 
of  New  York  to  be  hereunto  affixed.  WilnesK  onr  Trunty 
and  Well-betored  William  Cosby,  AV/.,  Captain  Gen- 
eral and  Governour-in  Chief  of  Our  »aid  Proeince  of 
New  York  and  the  Territories  dependiny  thereon  in 
America,  Vice- Admiral  of  the  name,  and  Vob/nel  in  hin 
MajeKty'x  Army,  &c.  in  and  by  and  with  the  Consent  and 
Advice  of  Our  Council  of  Our  said  I'rovince,  at  Fort 
George  in  Our  City  of  New  York,  the  Twenty  nineth 
Day  of  August,  in  the  Seventh  Year  of  Our  Reign 
Anno(i;  Dom.  173;i." 

This  Ordinance  really  established  the  boundaries, 
not  only  of  Westchester  County  but  of  the  whole 
Province  outside  of  Long  Island,  Staten  Island,  Man- 
hattan Island  and  the  County  of  Orange  at  its  date.  Its 
descriptiou  of  the  County  of  Albany  is  believed  to  be 
the  largest  and  fullest  of  that  County  extant,  prac- 
tically including  in  itthe  whole  Indian  territory  of  the 
Six  Nations  westward,  wherever  they  ruled  in  17!13. 
By  it  the  southern  portion  of  the  "Oblong"  was 
formally  annexed  to,  and  made  apart  of  the  County  of 
Westchester  as  it  has  ever  since  remained.  It  did  not 
however  extend  the  lines  of  the  Matiors  ami  Patents 
granted  before  its  date,  and  bounded  by  the  original 
Colony  line  to  the  new  one.  The  numor  of  Cort- 
landt  was  not  thereby  extended  to  the  new  Colony 
line  established  in  1731.  Mr.  Robert  Livingston  a 
few  years  after  the  date  of  this  ordinance,  undertook  ' 


to  claim  that  his  Manor  of  Livingston  was  by  implied 
intendment  extended  to  the  new  v'olony  line,  and 
instituted  an  ejectment  suit  against  the  then  owners  of 
the  part  of  the  Oblong  adjoining  his  manor,  but  he  did 
not  suceecMl.  Someof  the  papers  in  this  matter  which 
the  writer  has  examined  show,  however,  that  the 
"Oblong"  owners  were  exceedingly  alarmed  at  this 
claim.  This  Ordinance  is  also  of  interest  as  being  a 
good  admirable  example  of  au  in.strument  of  royal 
rulecontined  to  the  BritishCrown  Coloniesin  America. 

For  the  next  thirty-five  years  the  Bounds  of  the 
County  remained  unchanged,  no  other  (.)rdinance  or 
Act  relating  to  the  limits  of  Westchester  was  made  or 
enacted.  The  division  line  in  the  Hudson  River  and 
in  the  Sound,  however,  became  (juestioned  in  criminal 
Proceedings.  To  settle  all  questions  on  this  subject 
of  every  kind,  whatsoever,  on  the  30th  of  December, 
17t)8,  the  very  last  day  of  that  year,  an  Act  was 
piussed,  "To  ascertain  Part  of  the  Southern  and  West- 
ern Boundaries  "  of  the  County  of  Westchester,  the 
Eastern  Boundaries  of  Orange  County,  and  Partof  tlie 
Northern  Bounds  of  Queens  County.'"  It  settled  the 
jurisdiction  over,  and  also  the  title  to,  all  the  islands 
and  inlets  in  the  Sound,  many  of  them  mere  masses  of 
naked  rock,  rising  from  its  waters.  It  is  in  these  words ; 

"  Whereas  there  are  many  Islands  lying  and  being 
in  the  Sound,  to  the  Eastward  of  Frog's  Neck,  and 
Northward  of  the  main  channel,  o]>posite  to  the 
County  of  Westchester,  several  ot  which  arc  not  in- 
cluded in  any  county  in  this  Province. 

And  Whereas,  also  that  part  of  Hudson's  River, 
which  lies  opposite  to  the  said  Clouuty  of  Westchester, 
is  not  included  in  any  County  of  this  Province;  in 
order  to  remedy  which,  and  to  render  the  Administra- 
tion of  Justice  more  eUectual ; 

I.  Be  it  Enacted  by  his  Excellency  the  Governor,  the 
Council,  and  the  General  Assemlily,  and  it  is  hereby  En- 
acted by  the  Authority  of  the  sarne,'  That  by  all  the 
Islands  lying  and  being  in  the  Sound  to  the  Eastward 
of  Frog's  Neck,  and  to  the  Northward  of  the  Main 
(channel,  and  as  far  Eastward  as  Captain's  Island,  in- 
cluding the  same,  together  with  all  that  part  of  the 
Sound,  included  within  these  Boundaries  shall  be 
and  remain  in  the  County  of  Westchester ;  and  all  the 
Southernmost  |)art  of  the  Sound  from  the  bounds 
aforesaid  as  far  us  (Queens  County  extends  E'.istward, 
shall  be,  and  is  hereby,  annexed  to  Queens  County ; 
and  all  that  part  of  lludsons  River,  which  adjoins  the 
Couii  of  Westchester,  and  is  to  ^''  Southward  of  the 
County  of  Orange,'  or  so  nuieh  tliereof  as  is  included 
within  this  Province,  and  the  Easternmost  half  Part 
of  said  River,  from  the  Southermost  Bounds  of  the 
(!/'ounty  of  Orange,  to  the  Northermost  Bounds  of  the 
County  of  Westchester,  aliM  also  be  and  remain  in  the 
said  County  of  Westchester. 


'  II.   Villi  tUliuiickV  I.iiwK(li.  I;i7(l,  |>.  ri27. 

''  TIiIh  wiiH  till'  Um:i  iiF  t'imi'tliig  cliiimo  iiBoil  In  tlie  (Viluniul  Lt-gMutiire 
iif  Now  Vcirk. 

'OiHiigu  tliuii  liu'luilt.'il  who'.  Id  uiiw  Uucklanil  County. 

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TIIK   01{T(!T\    ANT)   IITSTORY   OF  THE   MANORS. 


116 


II.  The  second  clause  enact<«  that  "  The  Middle  of 
the  said  (Hudson)  River  shall  be,  and  is  hereby  <le- 
clared  to  be,  the  Boundary  Line  between  the  said 
Counties  of  Orange  and  Westchrster"  and  tliat  the 
western  half  "  is  declared  to  be  included  in,  and  an- 
nexed to  the  said  County  of  Orange,  together  with  all 
the  Islands  included  within  the  said  Bounds." 

III.  And  be  it/urthrr  Knnrffd  by  the  AuthnrHij  afore- 
said,  That  from  and  after  the  Publication  of  this  Act, 
all  the  Islands  and  Premises  hereby  included  in,  and 
annexed  to  the  said  County  of  Westchester,  shall  be 
taxed  and  subject  to  all  such  Laws,  Rules,  and  Regu- 
lations, with  those  Manors,  Towns,  or  Districts,  to 
which  they  are  nearest  in  Situation." 

The  effect  of  this  law  was  to  remove  all  doubt  that 
might  arise  in  relation  to  the  subject  of  the  act.  It 
affected  the  coast-line  of  every  Manor  in  the  County. 
From  the  ninth  day  of  July,  177f),  when  the  Provin- 
cial Congress  sitting  then  at  White  Plains,  accepted, 
while  "  lamenting  the  necessity  which  rendered  that 
mea.sure  unavoidable," '  the  Declaration  of  Indepen- 
dence, until  178!>,  when  the  Government  of  the 
United  States,  framed  by  the  convention  of  17S7, 
went  into  operation,  New  York  was  an  independent 
Sovereign  State,  mistress  of  herself,  and  as  such 
was  one  of  the  thirteen  inde])endent  Sovereignties 
so  acknowledged  by  the  British  Treaty  of  Peace 
in  1783.  While  in  this  condition  her  Legislature 
divided  her  territory  into  counties  and  townships, 
and  nnide  some  changes  in  the  former  from  what  they 
had  b('en  under  the  Province  of  New  York.  This 
was  done  by  two  acts  passed  on  the  7th  of  March, 
1788,  chapters  6.S  and  (i4  of  the  Laws  of  1788.''  Both 
acts,  however,  were  only  to  take  effect  from  and  after 
the  first  day  of  April,  I78i>.  By  the  former,  which 
related  to  the  counties,  the  State  was  divided  into 
sixteen  counties,  four  more  than  by  the  act  of  IfilH, 
to  be  called  by  the  names  of  New  York,  Albany,  Suf- 
folk, Queen's,  King's,  Richmond,  Westchester,  Or- 
ange, Ulster,  Dutchess,  Columbia,  Washington,  Clin- 
ton, Montgomery,  Cumberland  i>nd  (iloucester." 

Westchester  is  thus  described :  "  The  County  of 
Westchester  to  contain  all  that  ])art  of  this  State, 
hounded  southerly  by  the  Sour.d,  easterly  by  the 
State  of  Omnee.ticut,  northerly  by  the  North  Bounds 
of  the  Manor  of  Cortlandt,  and  the  same  line 
continued  east  to  the  bounds  of  Connecticut, 
and  west  to  the  middle  of  Ifndaon's  River,  and 
westerly  by  a  line  running  from  thence  down  the 
middle  of  Jliidson's  River  until  it  comes  opposite  to 
the  Bounds  of  the  State  of  New  Jersey,  then  w&st  to 
the  same,  then  southerly  along  the  east  Bounds  of  the 
State  of  Netc  Jersey  to  the  Line  of  the  Coiuity  of  Nnr 
i'ork,  and  then  along  the  same  easterly  and  southerly 
to  the  Sound,  or  Eatt  River,  including  Captain's 
Island,  and  all  the  islands  in  the  Sound  to  the  east  of 


1  R«tK)liiti(Hi  in  1,  .fuiirniilM  Pruv.  Oougremi,  518. 
<  II.  Jonea  J^  Varick,  ;U7  and  319. 


Frog's  Neck  and  to  the  northward  of  the  main  chan- 
nel." 

By  the  latter  act  Westchester  County  was  divided 
into  the  following  towns  named  in  the  following 
order  :  Westchester,  Morrisania,  Yonkers,  Grcenbiirgh, 
Mount  Pleasant,  Enstchester,  Pelhain,  New  Rochelle, 
Scarsdale,  Mamaroneck,  White-Plains,  Harrison,  Rye, 
NorthciLstIc,  Bedford,  Pound-Ridge,  Salem,  North 
Salem,Cortlnn(lt, Yorktown,  and  Stephento wn,  twenty- 
one  in  all, — the  bounds  of  each  being  clearly  set 
forth. 

This  was  the  first  division  of  the  County  into  town- 
ships, an  organization  which  has  since  continued 
without  variation  except  divisions  of  a  few  of  the 
towns,  some  alterations  of  the  bounds  of  two  or  three 
others  and  the  incorporation  of  a  part  of  Yonkers  as 
the  City  of  Yonkers,  the  details  of  which  need  not 
be  given  here. 

The  Boundaries  of  the  County  remained  wholly  un- 
changed, until  the  annexation  of  the  new  towns  of 
Morrisania  and  King.sbridge,  formed  from  the  southern 
portions  of  the  old  towns  of  Westchester  and  Yonkers 
to  the  City  of  New  York  of  which  they  now  form  the 
twenty-third  and  twenty-fourth  Wards.  The  U])per 
part  of  the  old  town  of  Yonkers  has  bticn  incor|)ora- 
ted  as  the  City  of  Yonkers.  The  County  of  West- 
chester therefore  with  these  exceptions  retains  its 
original  limits  as  fixed  in  lt)83,  and  confirmed  by  the 
State  County  act  of  1788. 

The  Townshi|)  Act  of  1788  is  remarkable  for  its  useof 
the  Manors  in  enac'ting  the  bounds  of  the  townships 
it  created.  No  less  than  fourteen  of  those  twenty-one 
townships  arc  described  and  l)ounded  in  i)art  by  naming 
s|)ecial  lines  of  the  old  Manors,  or  t\w  Manors  them- 
selves as  a  whole.  EUn-en  towns  out  of  the 
twenty-one,  were  formed  wholly  out  of  the  Manors. 
These  were  Morrisania,  Yonkers,  C4reenbiirgh,  Mount 
Pleasant,  Pelhani,  Scarsdale,  Mamaroneck,  North 
Salem,  Cortlandt,  Yorktown,  and  Stephentown.  Two, 
Salem  (now  Lewisborough)  an<l  Poundridge,  were 
partly  so  formed,  about  half  of  the  former  and  one- 
third  of  the  latter,  being  |)ortions  of  the  Manor  of 
Cortlandt. 

13. 

The  Manor  of  Cortlandt,  Rs  Oriyin,  First  Lord  and 

his  Family,  S/iecial  Franchises,  Division,  Local 

History,  and  Tojmgrafihy. 

The  most  northern  part  of  the  County  of  West- 
chester, a  tract  rea(diing  from  the  Hudson  River  on 
the  west  to  the  first  boundary  line  between  the  Prov- 
ince of  New  York  and  the  Colony  of  Connecticut, 
on  the  east,  tW(?nty  English  miles  in  length  by  ten  in 
width,  in  shape  nearly  a  rectangular  parallelogrnm, 
formed,  "  The  Manor  of  Cortlandt."  Acquired  by 
direct  purchase  from  the  Indians,  in  part,  by  Stephan- 
us  van  Cortlan  1.,,  a  native  born  Dutch  gentlennm  of 
New  York,  and  in  part  by  others  whose  titles  he  sub- 
sequently bought,   this  tract,  together  with  a  small 


116 


HISTORY  OF  WESTCHKSTER  COUNTY. 


tract  on  the  we^t  side  of  the  Hudson  River  oppotiite 
the  promontory  of  Anthony's  Noso,  which  he  also 
purchased  from  the  Indians,  was,  hy  Kinf;  William 
the  Tiiird  through  his  (Jovernor,  Jienjamin  Fletcher, 
on  the  17th  of  June  1097,  erected  into  "  the  Lordship 
and  Manor  of  C'ortlandt."  The  original  Manor-Gran*^ 
covering  two  skins  of  vellum  beautifully  written,  and 
bearing  the  Great  Seal  of  the  Province,  its  opening 
words  highly  ornamented,  still  exists  in  perfect  pres- 
ervation. Above  the  writing  is  an  elegantly  en- 
graved border  nearly  two  inches  in  width,  of  rich 
Italian  arabcscjue  design  of  fruits,  Howers,  figuri>s 
and  birds,  in  the  centre  of  which  appear  the  arms  of 
England  in  full.  The  initial  letter  "  G  "  of  "  ( fuliel- 
muH,"  the  King's  name  in  Latin,  with  which  the  in- 
strument commences,  is  very  large,  is  richly  orna- 
mented, and  has  within  it  a  bust  portrait  of  William 
wearing  the  large  peruke,  and  full  laced  scarf,  of  that 
day.  The  great  seal  attached  is  that  brought  over  by 
Governor  Sloughter  in  IG'Jl,  made  pursuant  to  a  war- 
rant of  William  and  Mary  bearing  date  the  31st  of 
May  1690.  It  has  upon  its  obverse  the  Arms  of  Eng- 
land f.8  borne  by  the  Stuarts  with  the  addition  of  a 
shield  of  pretence  in  the  centre,  charged  with  the 
lion  rampant  of  the  house  of  Nassau  ;  and,  on  its  re- 
verse, full  length  ettigiesof  the  King  and  (iueen,  the 
latter  holding  the  orb  and  sceptre,  and  kneeling  at 
their  feet  an  Indian  man  and  woman,  the  former  of- 
fering a  roll  of  wampum,  and  the  hitter  a  skin  of  a 
beaver.  The  legend  around  the  obverse  is  in  Latin, 
signifying  "The  seal  of  our  province  of  New  York 
in  America,"  that  around  the  reverse,  also  in  Latin, 
is,  "  William  III.  and  Mary  II.  By  the  Grace  of  God, 
of  Great  Britain,  France,  and  Ireland,  King  and 
Queen,  Defenders  of  the  Faith." 

It  is  attached  to  the  fold  of  the  vellum  by  a  thick 
silken  cord,  is  of  wax,  and  lies  in  the  covered  metallic 
case  originally  made  for  it,  and  is  three  inches  and 
one  half  in  diameter.  Upon  the  fold  of  vellum  is 
the  signature  of  Benjamin  Fletcher,  the  Governor, 
and  the  countersignature  of  David  Jamison,  Deputy 
Secretary  of  the  Province. 

This  description  of  the  seal  of  William  and  Mary 
is  given  because  it  was  that  used  in  New  York 
throughout  their  joint  reign,  the  reign  of  William 
alone,  and  of  Anne  until  the  (Uh  of  September  1705, 
on  which  day  the  new  seal  of  that  Queen  was  received, 
and  this  old  one  was  defaced,  and  sent  back  to  Eng- 
land to  be  broken,  in  accordance  with  the  law.  It 
authenticated  every  Manor-Grant  and  Patent  in  the 
Province  from  1691  to  1705,  and  was  appended  to 
every  Manor-Grant  in  theCounty  of  Westchester,  ex- 
cept those  of  Fordham  and  Pelham,  the  former  of 
which  bore  the  seal  of  James  as  Duke  of  York,  and 
the  latter  that  of  James  as  King,  they  being  the  two 
oldest  Manors  in  the  County.  From  the  fact  that  this 
seal  was  so  used,  after  the  deaths  of  Mary  and  of 
William,  upon  patents  and  other  instruments  in  New 
York  issued  in  the  early  part  of  the  reign  of  Aune, 


attempts  were  once  made  to  <ieny  their  validity  in 
Court,  but  always  in  vain.  A  notable  example  of  which, 
was  that  of  the  original  charter  of  Trinity  church 
in  1697.  This  seal  was  decided  to  be  the  lawful  seal 
of  the  Province  until  superseded  by  the  first  seal  of 
Queen  Anne,  as  above  stated  in  September  1705. 
The  ancient  and  important  instrument  just  described, 
now  nearly  two  centuries  old,  at  present  the  prop- 
erty of  Mr.  Jamra  Stevenson  van  C'ortlandt  of 
Croton,  the  only  surviving  son  of  the  late  Colonel 
Pierre  van  Cortlandt,  is  the  foundation  of  the  title 
to  the  whole  Manor  of  Cortlandt  as  possessed  by 
Stephanus  van  Cortlandt,  and  of  all  existing  titles 
within  its  limits.   It  is  therefore  here  given  in  full : — 

MANOR-dRANT   OK  THK   MANOR  OF  COUTI.ANDT. 

Gulielmus  Tertius,  Dei  (iratia,  Angliie  Scotiie, 
ffranciu^,  Hiberniie,  Rex,  fidei  Defensor,  &c.  To  all 
Whom  these  Presents  Shall  Come  Sendeth  Greeting. 

Whereas  our  Loveing  Subject  Coll.  Stephanus  Van 
Cortlandt  One  of  the  Members  of  our  Councill  of  our 
Province  of  New  York  Ac,  Hath  by  his  Pettition  iire- 
sented  unto  our  Trusty  and  well  belovc''  Coll.  Benja- 
min Fletcher  our  Capt.  General  and  Governour  in 
Cheifof  our  Said  Province  of  New  York  »&c.  and  ter- 
rit^)ry8  Depending  thereon  in  America  &c.  prayed  our 
Grant  and  Confirmation  for  a  Certain  tract  and  par- 
cell  of  Land  Situate  Lyeing  and  being  upon  the  East 
side  of  hudsons  River  Begining  on  the  North 
Line  of  the  Mannor  of  Philipsburge  Now  in  the  ten- 
our  and  Occupation  of  Fredrick  Phillipse  Esq',  one  of 
the  Members  of  our  Said  Councill  And  to  the  South 
side  of  a  Certjiin  Creek  Called  Kightawank  Creek 
and  from  thence  by  a  Due  East  Line  Runing  into 
the  Woods  Twenty  English  Miles  And  from  the  said 
North  Line  of  the  Mannor  of  Phillipsburge  upon  the 
South  Side  of  Said  Kightawank  Creek  runing  along 
the  said  Hudsons  river  Northerly  as  the  said  River 
runs  into  the  north  side  of  a  high  Hill  in  the  high 
Lands  Commonly  Called  and  Knowen  by  the  Name  of 
Anthonys  Nose  to  a.  Red  Ceadar  tree  Which  makes  the 
south  Bounds  of  the  Land  Now  in  y'=  Tenour  And  Oc- 
cupation of  Mr.  Adolph  Phillipse  Including  in  the 
Said  Northerly  Line  all  the  Meadows  Marshes  Coves 
Bays  and  necks  of  Land  and  pennensulaes  that  are 
adjoining  or  Extending  into  Hudsons  River  within 
the  Bounds  of  the  Said  Line  and  from  said  red 
ceadar  tree  another  Due  Easterly  Line  Runing  into 
the  Woods  Twenty  English  Miles  and  from  thence 
Along  the  Partition  Line  between  our  Colony  of  Conec- 
ticut  and  this  Our  province  untill  you  Come  unto  the 
place  Where  the  first  Eastterly  Line  of  twenty  Miles 
Doth  Come  the  Whole  being  Bounded  on  the  East 
by  the  said  partition  Line  between  our  said  Collouy 
of  Conecticut  and  this  our  province  &  on  the  south 
side  by  the  Northerly  Line  ofthe  Mannor  of  Phillips- 
burg  to  the  southward  of  Kightawank  Creek  afores-'id 
and  on  the  west  by  the  said  Hudsons  river  and  on  the 
North  side  from  the  aforesaid  red  Ceadar  tree  by  the 


TlIK   OillUIN   AND  HLSTOllV   OF   THK   MANORS. 


117 


gouth  Line  of  the  Land  of  Mr.  Adulpli  riiillipii; 
And  also  of  u  Ceurtain  parcel  of  Meadow  Lying  and 
being  Situate  upon  tlie  We«t  side  of  the  Said  Hud- 
BonH  river  Witliin  the  Said  Uigli  Lands  over  Against 
tlie  aforesaid  Hill  Called  Anthonys  Nose  liegining 
on  tiie  south  Side  of  a  Crock  Calh^l  by  the  Indians 
Sinkeepogh  and  so  Along  Said  Creek  to  the  head 
thereof  and  then  Northerly  Along  the  high  hills  us 
the  liiver  Kuneth  to  Another  Creek  Culled  Apinnu- 
pink  und  from  thence  along  Said  Creek  to  the  said 
Hudsons  Kiver  Which  Certain  tract  of  Land  and 
Meadow  our  Suid  Loving  Subject  is  Now  possessed 
thereof  and  Doth  hold  the  same  of  us  by  Virtue  of 
Sundry  grants  heretofore  Made  unto  him  by  Coll. 
Thomas  Dongan  I^ate  Govr.  of  our  Said  province  and 
Whereon  our  Said  Loving  Subject  hath  made  Con- 
sideruble  Inijtrovements  haveing  been  at  Great  Cost 
Charge  &  Expence  in  the  I'urdiasing  the  said  Tract 
of  Land  and  Meadows  from  the  Native  Indians,  as 
well  As  in  the  Setling  a  Considerable  Numbers  of 
Famulies  thereon,  and  being  Willing  To  make  Some 
further  Improvements  thereon  doth  by  his  Said  Peti- 
tion further  lie(iuest  &,  Pray  that  we  should  be  Gra- 
ciously pleased  to  Erect  the  Aforesaid  tract  of  Land 
and  meadows  Within  the  Limitts  and  Hound  Afore- 
said Into  a  Lordshipp  or  Mannor  of  Cortlandt,  Which 
reasonable  Request  for  the  future  Incouragement  of 
our  said  Loving  Subject  wee  being  willing  to  Grant, 
Know  Ye  that  of  our  pjspecial  grace  Certain 
Knowledg  and  Mere  motion  We  have  given  granted 
ratified  and  Confirmed  And  by  these  presents  do  for 
Us  our  heirs  ASuccesors  give  grant  ratifio  and  Con- 
firm unto  our  Said  LovingSubject  Stephanus  van  Cort- 
landt all  the  Afore  recite''  Ceartain  Parcell  &  tract 
of  Land  and  Meadows  Within  theire  Several  and  Re- 
spective Limits  and  bounds  Aforesaid  Together  with 
all  and  Every  of  the  Mesuages  Tenements  buildings 
Barnes  Houses  out  houses  Stables  edifices  Gardens  In- 
closures  fences  pasture"  fields  Feeding"  woods  under- 
woo<l8  trees  timbers  Swamps  meadows  marshes  pools 
ponds  Lakes  fountains  waters  Watt^r  Courses  rivers 
Revuletsruns  Streams  Brooks  Creeks  HarboursCoves 
Inlets  Outlets  Islands  of  Land  and  Meadows  Necks 
of  Land  and  Meadows  Pennensules  of  Land  and  Mead- 
ows ferrys  fishing  fowling  hunting  and  hawking  and 
the  Fishing  on  Hudsons  River  so  far  as  the  bounds 
of  the  Said  Land  Extends  upon  the  same,  Quuries, 
Mines,  Minerals,  (Silver  and  (lold  mines  only  Ex- 
cepted) And  all  the  Other  the  rights,  Members,  Lib- 
ertys,  Pri viledgeSjjurisdictions,  prehemenences,  Emol- 
uments Royaltys,  Profits,  Benefits,  Advantages,  Heri- 
dittements,  &  apurtenances,  whatsoever,  to  the  afore 
recite''  Ceartain  parcells  or  Tracts  of  Land  and  Mead- 
ows Within  their  Severull  and  Respective  Limits  and 
Bounds  aforesaid  belonging  or  In  any  wise  Apper- 
toaning,  or  Eccepted,  Reputed,  taken,  known,  or  Ocu- 
pied,  as  part  parcell  or  member  thereof,  To  Have 
And  To  Hold  all  the  afore  Recite''  Ceartain  parcell" 
and  tracts  of  Land  and  Meadows  within  their  Several 


und  Respective  Limits  und  Bounds  Aforesuid  ;  To- 
gether with  all  end  Every  of  the  mesnage  Tcnnements 
Buildings  barns  houses  out  houses  Stables  Edelices 
Orechurds  Gurdens  [nch)sures  fences  Pasture  fields 
feedings  Woofls  underwoods  trees  tind)er  Sv/umps 
Meadows  Murshes  pooles  ponds  Lakes  fouutuins  Wu- 
ter  Water  Courseb  Rivers  Revulels  Rivulets  Runs 
Streams  brooKs  Creeks  harbours  Coves  Inlets  Outlets 
Islunds  of  land  anil  Meadows  Necks  of  Lund  und 
Mendow  Penninsules  of  Lund  und  Meudow  ferry' 
fishing  fowling  hunting  and  hawking  and  the  fishing 
on  hudsons  River  so  far  as  the  Bounds  of  the  Said 
Land  Extend"  upon  the  suid  River,  Ciuuries  Mines 
minerals  (Silver  and  Gold  Mines  only  Exc]>')  And  all 
other  the  Right"  Members  Libertys  priveledges  jur- 
risdictions  preheinmenences  Emoluments  Royaltys 
profits  benifits  Advantages  heridctiments  and  Appur- 
tenances Whutsoever  to  the  afore  recited  Certain 
parcell  and  tract  of  Land  and  Meadow  within  the 
several  and  Respective  Limitts  and  bounds  aforesuid 
bfilonging  or  in  uny  wise  apertuining  or  accepted  Re- 
puted taken  Known  or  ocupied  as  j)art  parcell  or 
member  thereof  unto  the  Suid  Stephanus  van  Cortlandt 
his  heirs  and  assigns  to  the  Sole  und  oidy  proper  use 
Benefit  and  Uehofe  of  him  the  said  Stephanus  van 
Cortlandt  his  heirs  and  assigns  for  Ever. 

And  Moreover  Know  ye  tiuit  our  I'urther  Especial 
GruceCertttin  Knowledge  und  mere  Motion  we  have 
thought  fitt  according  to  the  Request  of  our  Said  Lov- 
ing Subject  to  Erect  all  the  before  Recited  Ceurtain 
Parcell  and  tracts  of  Land  and  Meadow  Within  the 
Limitti)  and  Bounds  aforesaid  into  a  Lordship  or 
Mannor,  and  therefore  by  these  presents  we  do  for  ns, 
our  heirs,  and  Successors,  Erect  make  And  Con.iti- 
tute,  all  the  afore  Recited  Ceartain  parcells  and  tracts 
of  Land  and  Meadows  Within  the  Limitts  and  bounds 
aforesaid,  together  with  all  und  Every  the  ul)ove 
Granted  premises  With  all  and  Every  of  Appurte- 
nances Into  one  Lordship  and  Mannour  to  alt  Intents 
and  purposes.  And  it  is  our  lioyall  will  and  pleasure 
that  the  said  Lordship  and  Mannour  Shall  i'roni 
henceforth  be  Called  the  Lordship  und  Munnour  of 
Cortlandt;  And  further  Know  yee  that  wee  Reposeing 
Especial  trust  and  Confidence  in  the  Loyalty  wisdom 
Justice  Prudence  and  Circunispecliou  of  our  said 
liOving  Subject  do  for  us  our  heirs  and  Successors 
(.five  and  Grant  unto  our  said  Loving  Subject  Ste- 
phanus van  Cortlandt  and  to  the  heirs  und  u.ssigns  of 
him  the  said  Stephanus  van  Cortlandt  full  power  and 
authority  at  all  times  for  Ever  Heureafter  in  the 
said  Lordship  and  Mannour  one  Court  Leet  and  one 
Court  Barron  To  hold  and  Keep  at  Such  time  and 
times  and  so  Often  Yearly  as  he  or  they  Shall  see 
meet,  and  all  fines  Issues  and  Amerciaments  at  the 
Said  Court  Leet  and  Court  Barron  To  be  holdon 
within  the  said  Lordship  and  Mannour  to  be  Let  for- 
fited  and  Employed  or  payable  or  hapning  at  any 
time  to  be  payable  by  any  of  the  Inhabitants  of  or 
Within  the  said  Lordship  and  manuour  of  Cortlandt  or 


Its 


lllSTOUY  OF  WESTCHESTER  COUNTY. 


thcLiinittsand  bounds  thereof  And  Alsoall  And  every 
of  the  Powers  and  Authotltys  herein  l)oforenictioncd 
for  the  holding  and  Keeping  of  the  said  Court  Leet 
and  Court  Barron  from  time  to  time  and  to  award 
Ih8Ui>  out  the  ai'CuHtomary  writs  to  the  Heirs  and  As- 
signs of  the  said  Stephanus  Van  C'ortlaiidt  for  ever  or 
tlieir  or  any  of  their  steward  Deputed  and  apointcd 
with  full  and  am]>le  power  and  Authority  to  Distrain 
fur  the  rents  Services  and  Other  Sums  of  Money  pay- 
able by  Virtue  of  the  Premises  and  all  other  Ivawl'ull 
renudies  and  means  for  the  having  possessing  Re- 
ceiving Levying  and  Enjoying  the  prenuniscs  and 
every  Part  and  Parcell  of  the  same  and  all  waifes  Es- 
trayes  Wrecks  Deodands  goods  of  felons  happening 
and  being  Forfeited  within  the  said  Lordshi])  and 
Mannour  of  Cortlandt  and  all  and  Every  Sum  and 
sums  of  Money  to  lie  paid  as  a  Post  fine  upon  any 
line  or  lines  to  be  Levied  of  any  Fjand  Tennements  or 
Meriditements  within  the  said  lordship  and  mannour 
of  Cortlandt  together  with  the  Advowson  and  right  of 
patronage  and  all  and  Every  the  Church  and 
(.'hurdles  Erected  or  Established  or  heareafter  to  be 
had  Erected  or  Established  in  the  said  mannour  of 
Cortlandt. 

And  we  do  by  these  presents  Constitute  and  Ap- 
point our  said  Loving  Subject  Stephanus  van  Cortlandt 
and  his  heirs  and  Assinys  to  be  our  Sole  and  only 
Kaiiger  of  the  Said  Lordship  and  Mannour  of  Cort- 
landt and  to  have  hold  and  P-njoy  all  the  Benifits 
jierqusitiis  fees,  rights  priviledges  Profits  and  Ajiurten- 
ances  that  of  Right  doth  belong  unto  a  Ranger  Ac- 
cording to  our  Statutes  and  Customs  of  our  Realm  ol 
England  in  as  full  and  Ample  Manner  as  if  the  same 
were  perticularly  Expressed  in  these  presents  anything 
to  the  Contrary  Hereof  in  any  ways  Notwithstanding. 

And  we  Likewise  do  further  give  and  Grant  unto  the 
said  Stephanus  van  Cortlandt  and  to  his  heirs  and  As- 
sinys, That  all  and  every  the  tcnnants  of  him  the  Said 
Stephanus  van  Cortlandt  Within  the  Said  Lord  Ship 
and  Mannour  of  Cortlandt  Shall  and  May  at  all  times 
heareafter  meet  Together  and  Chuse  Assessors  within 
the  Mannour  aforesaid  According  to  such  rules  ways 
and  Methods  as  are  prescribed  for  Citys  towns  and 
Countys  witliin  our  said  province  by  the  Acts  of  Gen- 
erall  Assembly  for  the  Defraying  the  Publick  Charge 
of  Each  respective  City  town  and  County  aforesaid 
and  all  such  sum  or  sums  of  Money  So  assessed  and 
Levyed  to  Collect  pay  and  Dispose  of  for  Such  Uses  as 
the  act  of  General  Assembly  shall  t^tablish  and  Apoint. 

And  further  of  our  Especial  grace  Certain  Knowl- 
edge and  Mere  Motion  we  do  by  these  presents  for  us 
our  heirs  and  Successors  give  and  Grant  unto  our  Said 
Loving  Subject  Stephanus  van  Cortlandt  and  to  his 
heirsandassinysforeverthatho  the  said  Stephanus  van 
Cortlandt  his  heirs  and  assinys  Shall  and  May  From 
time  to  time  and  after  the  Expiration  of  twenty  Years 
Next  Ensueing  the  Date  of  these  presents  Return  and 
send  a  Discreet  Inhabitant  in  and  of  the  said  man- 
nour to  be  a  Bepreaentitive  of  the  said  Mnnnour  in 


every  Assembly  after  the  Expiration  of  the  said  twen- 
ty Years  to  be  sumiiioncd  and  holden  within  this  our 
said  province  wliich  Representative  so  Returned  and 
Sent  Shall  be  Received  into  the  house  of  Representa- 
tives of  Assembly  as  a  Member  of  the  said  house  to 
have  and  Enjoy  such  priviledge  as  the  otlier  Repre- 
sentatives Returned  and  Sent  from  any  other  Oninty 
and  Mannours  of  this  our  said  province  have  had  and 
Enjoyed  in  any  former  Assembly  holden  within  this 
our  said  province; 

To  have  and  to  hold  possess  and  Enjoy  all  anil  Sin- 
gular the  said  Lordship  and  Mannour  of  (Cortlandt  and 
premisses  with  all  their  and  every  of  their  Roy  ally  sand 
iippurtunanrys  unto  the  said  Stephanus  van  Cortlandt 
I  Ills  heirs  and  assignes  to  the  Sole  and  only  proper  use 
!  Beiiefittjind  Behoofofhini  thesaid  Stephanus  van  Cort- 
'  landthis  heirs  and  Assignee  forever    To  B(^  holden  of 
I  us  our  heirs  and  Successors  in  free  and  C'oininun  Soc- 
\  cage  as  of  on  r^^annour  of  Kast   Greenwich  in  our 
(/'oiinty  of  K(!nt  within  our  Realm  of  England,  Yield- 
ing Rendering  and  paying  therefore  yearly  and  Every 
year  for  Ever  unto  us  our  heirs  and  Succcsscrs  at  our 
t'ity  of  New  York  on  the  feiwt  |)ay  of  Anininciation  o!' 
our   Blessed   Virgin   Mary  the  yearly  Rent  of  forty 
Shillings  f'urrent  money  of  our  said  province  in  l^ieii 
and  Stead  of  all  other  Rents  Services  Dues  Diitys  and 
Demands  whatsoever  for  the    Afore    Recited  Tract 
and  Parcell  of  Land  and  Meadow  Lordship  and  !Man- 
nonr  of  ( Jortlandt  and  jiremisses. 

In  Testimony  whereof  we  have  (^aused  the  (rreat 
Seal  of  our  said  province  to  be  hereunto  affixed  Wit- 
ness our  Said  trusty  and  well  beloved  C.oll.  Benja- 
min Fletcher  our  said  Ca]) :  Generall  and  Governor 
in  Chief  or  our  Province  of  New  York  and  the  Terri- 
torys  Depending  thereon  in  America  and  Vice  Ad- 
miral of  the  same,  our  Lieu'  and  Commander  in  Chief 
of  the  Militia  and  of  all  the  forses  by  Sea  and  by  Land 
within  ourCoUony  of  Connecticut  and  of  all  the  Forts 
and  places  of  strength  within  the  same,  in  Coun- 
cil at  our  fort  in  New  York  the  Seventeenth  day  of 
June  in  the  Ninth  Year  of  our  Reign  Anno  Domini 
1097. 

Benjamin  Fletcher. 
By  his  Excelys.  Command, 

David  Jamison  D.  Sec'y.' 

The  earliest  movement  of  Stephanus  van  Cortlandt 
towards  obtaining  the  Lands  of  the  Manor,  was  to 
take  out,  pursuant  to  the  law  of  the  Province,''  a  lii- 
cense  to  j)urciiase  them  from  the  Indians,  iii  order  to 
extinguish  the  Indian  title.  This  instrument,  from 
the  original  among  the  van  Cortlandt  papers,  is  in 
these  words : 

License  from  Gov.  Andros. 
"  By  The  Governor : 

Whereas  ajiplication  hath  been  made  unto  mee  by 
divers  persons  for  lands  at  Wyckerscreeko,  or  ad- 


'  Kui'iinltiil  ill  llwik  or  riili.iitn  Nu.  7,  livguii  in  lilUo,  pp.  I(i0-17ii. 
''ExpUlued  ubove  in  this  twaay. 


THE   ORIGIN   AND   HISTORY   OF  THE   MANORS. 


110 


JHceiit  parU,  on  Miu  chhI  xide  of  HudsonV  River,  the 

wliii'h  have  not  yet  Ijclmi   ''urchaHud  of  tlie  Indyaii 

rroprieto".     These   |>re(*eMtn  arc   to   uuthori/.e  you, 

(jo"  Ste|)liaMti!4  van  Cortlaiidt,  Mayor  of  tliiM  City,  iC 

littiiiK  o|)porliiiiily  .shall    preHenl,  to  treat  with,  and 

a^rce  lor,  any  part  of  tiie  wild   Lantl  lor  wh'"'  there 

may  Ue  jiresent  oeeanion   of  setlieineiit,  or   for   the  ^ 

wlndo,  with  tiie  Indyan  Suelienis  or  I'roprieto".     The 

payment  wiiereof  to  he  made  pui)liely  at  tlie  Kort  <ir 

City  Hall. 

(liven  under  my  hand  in  New  York  thiu  l(>th  Jay 

o!  Novem'",  KJ77. 

AnilroM." ' 

ThiH  lieense,  it  will  he  seen,  wan  (general,  and  per- 
mitted van  Cortlandt  lo  huy  of  the  IniiiaiiH  whenever 
it  iniftht  eonveniently  i)e  done.  No  time  was  men- 
tioned and  it  operated  an  an  indefinite  permixsioti 
to  e.xtiiigiiiMh  tiu'  Indian  title  in  the  refrion  named. 
Six  yearn  after  itt*  date,  in  KJHH,  he  l)ou}rht  the  |)enin- 
siila  afterward."!,  and  now  Ivuown  hh  Verplanek's  I'oint, 
and  another  large  traet  adjoining  it  running  to  the 
eastward,  the  former  ealled  i)y  the  natives  Meaiuigh,' 
and  the  latter  Appamapogh,  whieh  were  conveye<l  to 
him  hy  the  annexed  Deed; — 

SlKCHAM,  and  sir  other  Indians,  lo  Sliphiimtn  van 
Curthimlt. 

"To  all  ehristian  ])eopletowhoni  this  ])resent writing 
shall  eome:  Sieeham,  I'ewimine,  Oskewans,  Tiirhnm, 
(Juerawighint,  Isighera,  and  I'raekiaes,  all  Iinlians, 
true  nnd  rightful  owners  and  proprietors  of  the  lands, 
herei  latter  mentioned,  as  for  themselves  and  the  rest 
of  their  relations  send,  greeting,  know  yk  that  for 
and  in  eonsideration  of  the  sum  of  twelve  pounds 
in  wampuin  and  several  other  mereliandi.ses,  as  hy  a 
schedule  hereunto  annexed  more  at  large,  doth  and 
may  appear,  to  them  the  .same  Indians  in  hand  paid 
before  the  ensealing  and  delivering  thereof,  the  re- 
ceipt whereof  is  liereby  acknowledged,  and  for  other 
divers  causes  and  considerations,  they,  the  said  In- 
dians have  granted,  bargained  and  sold,  aliened, 
enfeofteil  and  coiilirmed,  and  by  these  iiresents  do 
fully,  clearly  and  absolutely  grant,  bargain,  sell,  alien, 
enfeof,  and  confirm  unto  ytciihanus  Van  Cortlandt  of 
the  city  of  New  York,  merchant,  his  heirs  or  assignes 
forever,  all  that  certiiin  traet  or  parcel  of  land  situate, 
lying  or  being  on  the  east  side  of  the  Hudson  Kiver, 
at  tlie  entering  in  of  the  Highlands,  just  over  against 
Maverstraw,  lying  on  the  south  side  of  the  creek 
called  Tammoesis,  and  from  thence  easterly  in  the 
woods  to  the  head  of  the  creek  called  Kewightahagli, 
and  so  along  said  creek  northerly  to  Hudson  lliver, 
and  thence  westerly  to  the  utmost  point  uf  the  said 


' TliiM  |'ii|iiT  Ih  iiiiinliil  III  llif  Spi'.  uf  Stiitn'H  ulT.,  Alliuny,  Lib.  :i7,  p. 
aw,  iml  in  Wi'Bt  C.i.  llcB.  (iir.,  I.ili.  .\,  Til*.  It  in  iil»i  ill  XIV.  (Vil.  Hist., 
515. 

*Tlils  wiinl  in  m  8|m'11b<1  in  tlif  urigiiiul  <lc'oil»  uiiil  willii  In  wliiili  it  oc- 
ciire.  Tlio  BiH'lliiig  "  Mealingli  "  in  r-iiiiiily  a  co|iyi»t'n,  or  iiriiiti'i's,  i." 
ru|itiuu. 


tract  of  land,  and  from  thence  southerly  along  said 
Hudson  lliver  to  the  aforenamed  creek,  Tammoesis, 
whicli  said  tract  o,'  jiarcel  of  land  known  by  the 
Indians  by  the  name  of  Appamaghpogh  and  Meanagh, 
including  all  the  lands,  soils,  meadows  and  woods 
within  the  circuit  aiid  bounds  aforesaid,  together 
with  all,  and  singular  the  trees,  timber-woods,  under- 
woods, swamps,  runs,  marshes,  meadov.'s,  rivulets, 
streams,  creeks,  waters,  lakes,  pools,  ponds,  fishing, 
hunting,  fowling  and  whatsoever  else  to  the  said 
tract  or  parcel  of  land  within  the  bounds  and  limits 
aforesaid,  is  belonging  or  in  any  wise  a|ipertaining 
without  any  restriction  whatsoever.  To  IIAVK  ANI>  jo 
MOI.I)  the  said  |iarcel  or  tract  of  land,  and  all  and 
singular  other  the  |ireniises  and  every  part  and  parcel 
thereof  unto  the  .said  iStephaiiiis  Van  Cortlandt,  liis 
heirs  and  assignees  to  the  sole  and  only  jtroper  use, 
benefit  and  behoof  of  him,  the  said  >Stephanus  his 
heirs  and  assignees  forever,  and  they,  the  said  In- 
dians do  for  themselves  their  heirs  and  every  of  them 
consent,  promise,  and  engage,  that  the  said  8te]ilianu8 
Van  Cortlandt  his  heirs  and  assignees  shall  and  may 
from  henceforth  and  forever  lawfully  peaceably  and 
(juietly  have,  hold,  possess  am'  enjoy  the  said  tract  or 
parcel  of  land,  and  all  and  singular  the  other  the 
premises  with  their  appurtenances  without  either  let, 
hindrance,  disturbance  or  interruption  of  or  by  them, 
the  said  Indian  proprietors,  or  their  heirs  or  any  other 
person  or  persons  claiming,  or  that  shall  hereafter, 
shall  or  may  claim,  by  from  under  them  or  either  of 
them,  and  that  they  shall  and  will  upon  the  reasona> 
ble  request  and  demand  made  by  the  said  Stephaniis 
Van  Cortlandt,  give  and  deliver  peaceable  and  quiet 
possession  of  the  said  tract  and  parcel  of  land  and 
premises,  or  of  some  part  thereof  and  in  the  room  of 
the  whole  under  such  person  or  persons,  as  by  the  said 
Stephanus  Van  Cortlandt  shall  be  appointed  to  re- 
ceive the  same,  in  witness  whereof  the  said  Indians 
Pewemine,  Oskewans,  Turhani,  tiuerawighint,  Sieeh- 
am, Isighera,  and  Prackises,  the  Indian  owners  and 
proprietors  aforesaid,  have  In ''"unto  set  their  hands 
and  seals  in  New  York,  this  twenty-fourth  day  of  Au- 
gust in  the  thiriy-fifth  year  of  his  majesties  reign, 
Anno  Domini,  lt!83. 

Signed  sealed  and  de-  j  (Here  follow  the  seals, 
livered  in  presence  of  I  and  the  marks,  of  Sieeham 

Francis  Uumbouts,         j  and  the  other  six  Indians 

Guelyne  Verplancke.     I  named). 

Apjiended  is  the  "schedule"  of  "  other  merchan- 
dises" mentioned  in  the  deed  as  ]>art  of  the  consid- 
eration ; 

8  guns,  12  shirts, 

9  blankets,  .'>0  pounds  jtowder, 
T)  coats,  30  bars  of  lead, 

14  fathoms  of  Duffels,  ■'  18  hatchets, 

14  kettles,  18  hoes, 


KA  coane  but  suft  woolen  clotli  made  in  Holland. 


120 


lihSTORY  OF  WKSTCH ESTER  COUNTY. 


40  tiithon)H)>liick  wiiinpiim,  14  knives, 

HI)  ruthoina  white  wiimpuin,  A  miiiiiII  coat, 

2  iiiikerM  of  rum,  H  fiillioins  n'roiul  eloth, 

T)  hull' viitw  HtroiiR  beer,  <>  piiir  of  Mtoekiiigw, 

(1  eiirtlien  jiifis,  (i  tiiijiu'eo  iioxen." 

Oil  till'  iiiiitli  of  Mareli,  ItiX'J,  CoriieliM  vim  Itiir- 
stun  of  New  York  City,  ol)tiiiiie(l  tlie  following  Lieeiine 
to  |>iireliiiNe  Indiiiii  l^iiiitlH  from  Anthony  liroekliolea, 
who,  118  Senior  Member  of  the  Oouneil  hiui  siieeeeded 
Anilnw  in  the  (^oiiiniunii  of  the  Province  when  the 
hitter  went  to  Kngliuul. 

Lj/cense  fo  ConielU  Van  liunum, 
Hy  the  roinmaiKler  in  Cliiefe. 

"  Wiiercas  < 'o/-nr/i,v  Van  Hiir«iinii>(  this  (lily  huth 
inmle  Aj)|iliem;oii  for  Liberty  luni  Lycenso  to  pur- 
elmse  of  tln^  liidyans  ii  Certain  pareel  or  Tract  of 
Land  Lyeinj!;  on  the  Kast  side  of  llinhnn  River  Be- 
hither  tht^  High- Ijvnh,  to("*ettlc  A  H'ariiieor  Phinta(;oii 
or  for  the  Iniprovem'  of  Husbandry,  These  are  to 
certify  that  I  have  and  Doe  Hereby  with  Advise  of 
the  ('oiinsell  (ii'iiiit  Liberty  and  Lycense  to  the  aaid 
Cttrnelix  Van  ////(■.•(»/»  to  purchase  of  t lie  I ndyaiis  the 
said  ['arcell  or  tract  of  Land  uiid  to  Settle  A  Hiirnie  or 
l*lanla(,-on  thereupon,  he  Makeing  Due  return  thereof 
to  the  ollice  of  Records  theriMii  Order  to  ('onlirma- 
con,  and  ^^akeilln  Iniprovcnient  and  performing  wiuit 
the  Law  in  Such  tJases  Reipiires. 

(Hveii  under  my  hand  in  New- Yorke  this  third  Day 
ll'eii",  in  tlie  thirty  Fourth  yeare  of  his  Mat'" 
Reiiriie  Annoy.   Domini  l<!MI-2.  A.  H.  '  " 

Van  Hursuni  acted  immediiitely,  and  four  months 
later  reci^ived  from  Ackimak,  anil  nineteen  other  In- 
ilians,  11  deed  for  the  lower  peniiisuhi  which  forms 
the  South  lioniids  of  Ilaverstraw  liay.  It  was  called 
by  the  Indians  Senasipia,  and  by  the  Whites  "Sa- 
rah's," and  "Teller's,"  roiiit,  and  later  "(Voton" 
I'oint.  The  last  from  the  fact  that  it  forms  the  North 
Side  of  the  estuary  of  the  Oroton  River.  Sarah  was 
the  wife  of  William  Teller  who  lung  lived  upon  the 
I'oint,  she  having  survived  her  husband  several  yearS' 
it  is  deeribed  in  the  Indian  deed  to  Van  Hursuni  as, 
"ail  that  piircell,  neck,  or  point  of  Land,  with  the 
Marsh,  Meadow  ground,  or  valley  thereto  Adjoining 
anil  belonging,  Situate  lying  and  being  on  the  east 
side  of  the  North  or  Hudson's  River,  over  against 
venlrietye's  liooke,  eominouly  called  and  Known  by 
the  iiaiiie  of  Slnupcr's  Haven,  and  by  the  Indians 
Niivish,  the  Meadow'  being  called  by  the  IndiaiiH 
Scnasiiua,  being  bounded  by  the  said  River  and  a 
certain  creek  called  or  known  to  the  Indians  by  the 
nanie  of  Taniackaii,  and  divided  from  the  Main  laud 
by  certain  treiv  marked  by  the  Indians,  together  with 
half  of  the  said  creek  iV;c.  for,  and  in  eoimiih^ration  of, 
a  certain  sum  of  Wampum,  and  divers  other  goods, 
paid  liy  (Cornelius  van  liursum. '' 


I'ul.  Ulst.,  .<:>\. 

'iW'i'sl.  Cu.  IIUK.  oir.  I.lli 


^Oh  tllt>  prIlltlNUlll. 
A,    IK:!. 


The  lands  from  the  (Voton  River  Northward  to 
Stephanus  van  ('Ortlundt's  Appamapogh  purchase 
before  mentioned,  and  running  eastward  to  the  Kea- 
kates  or  twin  ponds,  or  Cedar  I'onds,  as  they  are  called 
on  the  Manor  Map,  and  thence  down  the  Mescoot  and 
Croton  rivers  to  the  hitters  mouth,  were  bought  of  the 
Indians  by  Oovernor  Thomas  Dongau  himself  Their 
deed  to  him  was  dated  .\ugast  UiH.').  Doiigan  on  the 
2l)th  March  liiHli,  sold  the  land  to  one  .lohii  Knights, 
Dongan's  deed  from  the  Indians  thus  describes  the 
tract,  which  from  the  Indian  name  of  the  Croton,  was 
called  Kiehtawaiick,  or  Kitchtawong;  —  "all  that 
Tract  or  parcidl  of  Jjaiid  situate  Lying  and  being  on 
the  I'^ast  side  of  Hudson's  Rivi'r,  within  the  ('ouuty  of 
Westchester,  beginning  at  Kiehtawong  Creek,  and 
so  running  along  HuiIsoh'm  River  northerly  to  the 
land  of  Stephanus  van  Cortliuidt,  from  thence  to  the 
eastwardmost  end  of  the  Said  van  (!ortlanills  Land, 
and  from  thence  to  a  great  fresh  Water  I'ond  called 
Keakates,  and  from  the  said  pond  along  the  creek 
that  runs  out  of  the  saiil  I'ond  to  Kiehtawong  Creek, 
and  so  downward  on  the  south  side  of  the  said  creek 
to  Hudson's  IMver,  including  all  the  land,  soil,  and 
meadow  within  the  bounds  and  liinitu  aforesaid." 
John  Knights,  on  the  'JOth  of  April,  l(IH7,  reconveycd 
it  liy  deed  to  (iovernor  Thomas  Dongaii.  '  And  from 
Dongaii  it  subseipieutly  piwseil  to  Stephanus  van 
I'ortlandt. 

Previously  to  his  purchase  of  the  Dongan  IiukIk, 
and  on  the  Ktth  of  July,  1(18:!,  Stephanus  Van  (^irt- 
landt  bought  Iroin  the  Ilaverstraw  Indians  a  tract  on 
the  West  side  of  the  Iludsim  Rivitr,  directly  <">p08ite 
to  the  promontory  of  Anthony's  Nose,  am'  Tonth  of 
the  Dunderbergh  Mountain,  forming  the  depression 
or  valley,'^  through  the  upper  part  of  which,  in  the 
Revolutionary  War,  Sir  Henry  Clinton  caiiie  down 
and  ca|)tureil  Forts  (Vnistitution  and  Muntgomery, 
then  comnianihul  by  his  distant  n^lativcs  and  naiiie- 
sakes,  Oeiierals,  (leorgc,  and  .lames,  ('lintoii.  The 
original  deed,  among  the  \'aii  Wyck  papers,  which 
has  never  before  been  printed,  is  iw  follows: 

Indian  Jhnl  to  Slvphanm  ran  Cuvilandf  ■ 
for  Landa  an  the   Wixl  Siilc  of  the  /tinlaiin. 

" 'J'o  .\ll  ('hristian  people  To  whom  this  Present 
writing  shall  come  Sakaghkeineek  Saehein  of  Ilaver- 
straw,Werekep(!s,Sai|Uogliarup,  Kakeros,iind  Kaghlsi- 
kroos,  all,  Indians  true  and  Riglitfull  owm^rsand  Pro- 
prietors of  the  Land  herein  after  mentioned  and  Kx- 
pressed,  Send  (ireeting.  Know  ye.  That  for  and  in 
('onsideraion  of  the  Sume  of  Six  Shillings  (Uirr: 
Silver  money  to  them  the  said  Indians  in  hand  payed 
before  the  Ensealing  and  Delivery  here  of  the  Receipt 
whereof  is  hereby  aekjiowleilged  and  for  Diviune  other 
Valuable  Causes  and  Consideraions  they  the  said 
Indians  have  (iranted  liiirgained  Sold  .Miened  lOiife- 
ofl'ed  and  Coniirnied  and  by  these  Pretienis  Doe  Fully 

Mill).  A,  V»,  W™t.  Co.  Ron,  ipff. 

'Tlilii  viilluy  lii'iim  now  tlin  ijtiil  u|>|>(illiill<iii  nf  "  II Ilnlnwn." 


THE  ORIGIN  AND  IIISTOllY  OF  THE   MANOllS. 


m 


Cleorly  and  Abaolutoly  Grant  Bargain  Sell  Alien 
Knteulfiuul  Coiilirin  unto  HtcplianuH  Van  Cortlnndt 
ut'thoCitty  uf  Now  Yorko  Mttrchunt  hia  heirun  and 
UMgigneii  for  over  All  that  A  IJertaino  Tract  or  Parcell 
of  Land  8ituat«  Lyuing  and  being  on  the  Wunt  8idu 
of  llndsonH  Uiver  within  thuHigii  LandHovur  Against 
u  grcate  Hill  Commoiily  called  Anthonyn  Nose  be- 
ginning on  the  South  aide  at  a  Oreeke  called  Hinka- 
])ogh '  and  ho  alongHt  the  Huid  (Jreeke  to  the  head 
thereof  and  then  northerly  alongat  the  high  hillo  an 
the  Hiver  runneth  to  Another  Creeko  called  AHsinna- 
])ink '  and  from  thenee  along  The  said  Creeke  to 
HudBOHH  River  againe  togather  with  A  Cenaine  iHland 
and  I'arcell  of  Meadow  Land  necre  or  adjoyneinji;  to 
the  name  called  Wanakawaghkin  and  by  the  Christ- 
ians known  by  the  name  of  Salsbury's  Island'  In- 
clndeing  all  the  LaudeHoilc  and  Meadows  within  the 
Itounds  and  Limittti  aforesaid  togather  with  all  and 
singular  the  trees  Timber  Woods  Underwooda^Swamps 
Moorcs  Marshes  Meadows  Rivolett«Htream(«0reeeke8 
Waters  Lakes  Poolos  I'onda  llishing  hunting  and 
fowlcing  and  whatsoever  Else  to  the  said  Tract  or 
Farcdl  of  Land  within  the  Hounds  and  Limitts  afore- 
said is  belonging  or  in  any  wise  appurteincing  witli- 
out  any  l{eservaion  whatsever  To  have  and  To  hold 
the  said  Tract  or  pareell  of  Land  and  all  and  siuguler 
other  the  Priniisscs  and  every  Parte  and  Parcell 
(hereof  unto  the  said  Stephanus  Van  Cortlandt  his 
heirs  and  Assigns  to  the  sole  and  only  Pro))er  use 
Uenelitt  and  Dehoofe  of  him  Van  ('ortlandt  his 
heires  and  Assigns  for  ever.  And  they  the  said  In- 
dians Doe  for  themselves  and  their  heire'<  and  every 
of  them  ("Jovenant  Promise  and  engager  that  the  said 
Sleph:  Van  (-ortlandt  his  heires  and  assignes  Shall 
and  may  from  henceforth  for  Ever  Lawfully  Peace- 
ably and  (iuiettly  have  hold  Possease  and  Enjoye  the 
said  Tract  or  Parcell  of  Land  and  all  and  singulcr 
other  the  Premisses  with  their  A])purtenences  with- 
out any  Lett  Hindrance  Disturbance  or  Interrupion 
whatsoever  of  or  by  them  the  said  Indian  Proprietors 
or  their  heires  or  of  any  other  Person  or  Persons 
Claymeing  or  tli.it  hereafter  shall  or  may  clayme  by 
from  or  under  them  or  either  of  them. 

And  that  they  shall  and  will  upon  reasonable  Rc- 
(|uest  and  demand  made  by  the  said  StephaniH  Van 
('ortlandt  (Jive  and  Deliver  I'eaceably  and  tiuietly 
Possession  of  the  said  Tract  or  Parcell  of  Land  and 
Premisses  or  of  some  Parte  thereof  for  and  in  tl'o 
name  of  the  whole  unto  such  Person  or  Persons  as 
by  the  said  Stephanus  V.  (^ortlandt  shall  bo  ap- 
pointed to  Receive  the  same 

In  Witnesse  whereof  the  said  Rakagltkeineik  Sa- 
chem of  Haverstraw  Werekepi^s  Saquoghharup  Ka- 
keros  and  Kaghtsikroos  the  Indians  owners  ami  Pro- 
prietors aforesaid  havo  hereunto  Sett  their  hands  and 


>  Ni)w  callntl  .Simkoliolu  ('ruuk. 

^'T\w  Cluck  Hoiilh  orHiwkuliolo  Cruuk. 

'  N»w  I'ulliiil  liiiiu  IhIhiuI. 


Scales  in  New  Yorke  the  13th  day  of  July  in  the 
thirty-lifth  yearo  of  his  Ma"""  Roigno  Auuo  Domin 
l'Jo3. 

Signed  Sealed  and  Delivered 

in  the  Presence  ot  Usa  the  mark  of 

Hy  Sakaghkcineck      1  Sakaghkeineck  f  Sachem 
Werekepes  &  >  of  Haverstraw 

Kaghtsikroos        )  The  marko  of 

Fredryck  Flypsson  Werekepes 

tlulain  Verplancko  The  Marko  of 

John  Weis  f 

My  Marke  Kaghtsikroos" 

t 
Mantion 

The  last  purchase  which  Stephanus  Van  Cortlandt 
is  known  to  have  nuide,  was  a  tract  on  tlio  east  side 
of  the  Hudson,  then  belonging  to  "Hew  Mactiregor, 
Oentleman.of  theCity  of  New  York,"  who  i)revious- 
ly  obtained  it  from  the  Indians.  The  original  deed 
from  Mactiregor  is  among  the  Van  VVyck  papers  and 
bears  date  the  llUh  day  of  July  Itl'JO,  oidy  two  years 
and  twenty-five  days  before  the  date  of  the  Grant  of 
the  Manor.  It  is  a  full  coveiumt  warrantee  deed, 
signed  by  both  Hew  Mcliregor  and  Htcphanua  Van 
Cortlandt,  the  witnesses  being  Juhannus  Ivip,  Theu- 
nis  De  Key,  and  John  Barclay.  The  consideration 
mentioned  is  "  a  certain  summ  of  good  and  lawfull 
money."  And  the  jjremises  conveyed  are  thus  de- 
scribed— "All  that  certain  tract  of  land  situate,  ly- 
ing, and  being  up  Hudson's  River  on  the  East  side 
thereof,  beginning  at  the  East  side  of  the  land  late 
belonging  to  Jacob  Do  Key  and  Company  at  a  Creek 
called  Pohotasack  and  so  along  a  creek  called  by  the 
Indyans  Pmjuingtuk  and  by  the  Christians  .John 
Peak's  Creek  to  another  creek  called  by  the  Indyans 
Acquasimink,  including  two  small  water  ponds  calKnl 
Wenanninissios  and  Wachiehamis,  Together  with  all 
and  singular  meadows,  marshes,  woods,  underwoods, 
waters,  ponds,  water-courses,  improvements,  privi- 
leges, hereditaments  and  appurtenances  whatsoever 
to  the  said  Tract  of  land  and  premises  belonging  or 
a|ipertaining." 

How  extensive  an  area  this  description  embraced 
cannot  bo  stated  its  terms  being  too  vague,  but  is  was 
a  very  large  tract  lying  east  of  the  eighteen  hundred 
acre  tract  called  Sachus,  or  Saehoc^,  and  known  as 
"  ivycke's  Patent,"  which  embraced  the  pnwont  vil- 
lage of  Peeks  Kill  and  its  immediate  neighbourhood, 
the  fee  of  which  was  not  owned  by  Stephanus  van 
(Cortlandt,  although  within  the  limits  of  the  Manor, 
and  subject  to  its  jurisdidion,  till  1770,  when  it 
was  granted  by  special  act  a  civil  organization  of  its 
own,  as  will  be  hereafter  shown. 

These  lands  incluiling  all  his  purchitses  upon  both 
sides  of  the  Hudson  River  were  granted  and  con- 
Hrmeil,  to  Stephanus  van  (;ortlan<lt,  .lune  17th,  I(>!t7, 
by  the  Manor-Grant  ol  the  Manor  of  Cortlandt.     Its 


122 


HISTORY  OF  WESTCHESTER  COUNTY. 


boundaries  as  therein  stated  are  thus  set  forth,  "  a 
certain  tract  and  parcell  of  Land  situate  Lying  and 
being  upon  the  East  side  of  Hudson's  River,  Begin- 
ning on  the  North  Line  of  the  Mannor  of  Philipse- 
burghe,  now  in  the  tenour'  and  occupation  of  Fred- 
rick Phillipse,  Esqr.,  oue  of  the  Members  of  our  said 
Council],  and  to  the  south  side  of  a  Certain  Creeke 
called  Kightawank  Creek,'  and  from  thence  by  a 
Due  East  Line  Runing  into  the  woods  Twenty  J]ng- 
lish  miles,  and  from  the  said  north  line  of  the  Man- 
nor of  Philipseburghe  upon  the  south  side  of  said 
Kightawank  Creek  running  along  the  said  Hudson 
River  Northerly,  as  the  said  River  runs,  unto  the 
North  side  of  a  High  Hill  in  the  highlands  commonly 
called  and  Known  by  the  Name  of  Anthony's  Nose, 
to  a  Red  Ceader  tree.  Which  Makes  the  South  Bounds 
of  the  Land  now  in  y°  tenour  and  occupation  of 
Mr.  Adolph  Phillipse' Including  in  the  said  North- 
erly Line  all  the  Meadows,  Marches,  Coves,  Bays, 
and  Necks  of  Land  and  pennensulaes  that  are  ad- 
joining or  Extending  into  Hudson's  River  within  the 
Bounds  of  the  said  Lincj,  and  from  said  red  ceader 
tree  another  Due  Easterly  Line  Runing  into  the 
AVoods  Twenty  English  Miles,  and  from  thence  along 
the  Partition  Line  between  our  Colony  of  Conecticut 
and  this  Our  Province  untill  you  come  into  the  place 
where  the  first  Easterly  Line  of  twenty  miles  Doth 
Come,  the  Whole  being  Bounded  on  the  East  by  the 
said  Partition  Line  between  our  said  Collony  of 
Conecticut  and  this  our  Province,  and  on  the  south 
side  by  the  Northerly  Line  of  the  Mannor  of  Philipse- 
burghe to  southward  of  Kightawank  Creeke  aforesaid, 
and  on  the  west  by  the  said  Hudson's  River,  and  on 
the  North  side  from  the  aforesaid  red  ceader  tree  by 
the  south  Line  of  the  Land  of  Mr.  Adolf  Phillipse. 
And  also  a  Ceartain  parcel  of  Meadow  Lying  and 
being  situate  upon  the  West  side  of  Hudson's  River 
Within  the  said  High  Lands  over  against  the  afore- 
said Hill  called  Anthony's  Nose,  Beginning  on  the 
South  side  of  a  creek  called  by  the  Indians  Sinkee- 
pogh,  and  so  along  said  Creeke  to  the  head  thereof 
and  then  Northerly  along  the  high  hills  as  the  River 
Runeth  to  another  Creeke  Apinnapink,  and  from 
thence  along  said  Creeke  to  the  said  Hudson's 
River.'" 

From  this  description  we  are  able  to  see  the  out- 
line and  appreciate  the  extent,  and  area,  of  this  mag- 
nificent Manor  of  Cortlandt,  which  contained  on  the 
East  side  of  the  Hudson  River  80,213  acres,  and  on 
the  West  side  at  least  1,500  acres,  making  altogether 
the  enormous  total  of  Eighty-seven  thousand  seven 
hundred  and  thirteen  acres  of  land. 

About  two  years  after  receiving  the  Grant  of  the 
Manor  Stephanus  van  Cortlandt,  following  the  usual, 

'  Ten\ir6. 

»  The  Croton  Rlvor. 

•  A  brother  of  Froilorick  PliUllpBO,  The  tract  was  csllod  "  l'hilli|wv'B 
t'ppvr  Pat«iit,"  aud  liiclixU'il  aliiiutit  nil  uf  what  Im  iiuw  riituuiii 
Cutiiity. 


and  the  wise,  rule  of  the  day  in  such  matters,  (the 
reason  of  which  has  been  fully  explained  in  the 
beginning  of  this  essay  in  speaking  of  the  Native 
ov.'ners  of  the  County)  *  obtained  from  the  Indian 
dwellers  upon  the  lands  of  his  grant  as  a  whole,  a 
special  deed  of  confirmation.  This  Instrument  is 
very  important  as  it  states  specifically  the  lands  in, 
and  the  bounds  of,  the  region  embraced  in  the  Manor 
of  Cortlandt.  It  is  dated  the  8th  of  August  1699, 
and  is  in  there  words  ; 

Indian  Deed  of  Confirmation  of  (he  Manor  of  Cortlandt. 

"  We,  Sachima- Wicker,  Sachem  of  Kightawonck," 
(and  twenty  two  other  Indians  seven  of  whom  were 
squaws)  "  all  right,  just,  natural  owners  and  proprie- 
tors of  all  the  land  hereinafter  mentioned,  lying  and 
being  within  the  bounds  and  limits  of  the  Mannor  of 
Cortlandt,  &c.,  have  sold,  for  a  certain  sum  of  money, 
all  that  tract  and  parcel  of  land,  situate,  lying,  and 
being  in"  the  Mannor  of  Cortlandt,  in  West  Chester 
County,  beginning  on  the  South  side  Kightawonck 
Creek,  and  so  along  the  said  Creek  to  a  place  called 
Kewighecock  *,  and  from  thence  Northerly  along  a 
Creek  called  Peppeneghek"  to  the  head  thereof,  and 
then  due  east  to  the  limits  of  Connecticut,  being  the 
easternmost  bounds  of  said  Mannor,  and  from  thence 
Northerly  along  the  limits  of  Connecticut  aforesaid 
to  the  river  Mutighticus'  ten  miles,  and  from  thence 
due  west  to  Hudson's  river,  together  with  all  the 
lands  soils  &c  &c."  The  witnesses  were  John  Naufau 
(the  Lieut.  Governor)  Abraham  De  Peyster,  James 
Graham,  and  A.  Livingston. 

Thus  Stephanus  van  Cortlandt  became  the  undis- 
puted and  acknowledged  Lord  of  "  The  Lordship  and 
Manor  of  Cortlandt." 

There  were  two  small  parcels  of  land  within  the 
above  general  limits  of  the  Manor,  the  soil  of  which 
was  not  owned  by  either  Stephanus  van  Cortlandt  or 
his  heirs,  one  of  eighteen  hundred  acres  and  one  of 
three  hundred,  the  latter  fronting  on  the  north  side 
of  Peekskill  bay,  the  former  on  the  Hudson  River  be- 
tween Verplank's  Point  and  Peekskill  creek.  The 
former  was  the  tract  known  as  ''  Ryke'a  Patent."  Its 
Indian  name  was  "  Sachus,"  or  "  Sackhoes,"  and  it 
was  purchased  of  the  Indians  on  the  2l8t  of  April, 
1685,  under  a  license  dated  March  6,  1684,  from  Gov- 
ernor Dongan,  by  Richard  Abrams,  Jacob  Abrams, 
TeunisDekey  or  De  Kay,  Sebn,  Jacob  and  John  Harxse;" 
and  on  the  23rd  of  December,  1685,  a  patent  was 
granted  to  these  purchasers  and  one  or  two  others  for 
this  tract,  in  which  it  is  thus  described : — "All  that 
certain  tract  or  parcel  of  land,  situate,  lying,  and 
being  on  Hudson's  River  at  a  certain  place  called  by 


«  Ante  p.  34. 

^Or  Ko\vlghtoi|im('k,  as  NiwUod  on  tlio  Map  of  the  Manor. 
0  Now  Cross  Klvcr,  an  enatern  branch  of  the  Croton. 
'  Now  cttlloii  the  Tltlcus. 

8  Hook  I  of  Indian  Dccdn,  88,  See.  of  State's  offl.  Albanj. 
»8o  bpellud   and  uaini'd   In  thu  oriKinal  |wtitlon  to  Dongan  for  Iho 
FalfUt  in  vol.  'i  of  l^ind  I'aiwrs  of  11)83,  Sec.  of  Statn's  Oltico,  Albanj. 


THE  ORIGIN  AND  HISTORY  OF  THE  MANORS. 


123 


the  Indians  Snchus.  and  stretching  by  the  north  side 
of  Stephanas  van  Cortlandt,  his  land  up  to  the  said 
river,  to  another  creek,  and  so  runs  up  said  creek  iu 
several  courses,  to  a  certain  tree  marked  T.  li.  west 
of  the  aforesaid  creek  which  lies  by  Stephanus  van 
Cortlandt's  land,  including  all  the  meadows  both 
fresh  and  salt  within  said  bounds,  containing  in  all 
1800  acres  or  thereabouts."  The  tenure  liku  that  of 
the  Manor  was  "  in  tree  and  common  soccage  accord- 
ing to  the  tenure  of  East  Greenwich  in  the  County  of 
Kent  in  his  Majesties  Kingdom  of  England."  The 
quit  rent  was  "ten  bushels  of  good  winter  merchant- 
able wheat  yearly,  on  the  five  and  twentieth  day  of 
March  [New  Years  Day  according  to  the  then  "  old 
style"]  in  the  city  of  New  York.' 

From  Richard  Abrahamsenoneofthesix  patentees 
this  tract  derives  its  n^me  of  Ryke's  Patent,  "Ryke" 
being  a  Dutch  abbreviation  of  Richard,  he  having 
subsequently  acquired  the  shares  of  several  of  the 
original  owners.'  From  him  and  bis  brother  Jacob 
Abrahamsen  of  "Upper  Yonckcrs,"  their  title  passed 
by  purchase  to  Hercules  Lent  vho  also  acquired 
finally  the  title  to  the  whole  180U  acres.  Hercules 
Lent  devised  the  patent  in  several  parcels  among  his 
children  and  grandchildren  by  will  in  1766.'  The 
name  of  Lent  is  still  very  common  in  the  neighbor- 
hood of  Peekskill  to  this  day,  and  some  of  the  name 
still  own  portions  of  the  original  tract.  The  .300  acre 
tract,  which  was  of  little  importance,  fronted  on  the 
inner  and  upper  part  of  Peekskill  bay,  and  became 
prior  to  1732  the  property  of  John  Krankhyte.  Both 
these  pieces  are  shown,  colored  in  pink,  on  the  accom- 
panying map  of  the  Manor  of  Cortlandt. 

The  earliest  traces  of  the  settlement  of  any  part  of 
the  Manor  was  that  at  the  trading  station  with  the 
Indians,  which  resulted  in  the  erection  of  the  stone 
fortified  building,  at  the  north  side  of  the  mouth  of 
the  Croton,  which  subsequently  became  the  present 
Manor  House.  The  largest  Indian  village  was  upon 
tiie  high  flat  at  the  neck  of  the  peninsula  of  Senas- 
qua,  or  Tellers,  or  Croton  Point,  which  unites  it  with 
the  main  land,  and  over  which  now  runs  the 
River  Road.  Hence  for  convenience  saka  'the 
Dutch  traders  sought  the  landing  place  of  the  In- 
dians, in  the  sheltered  North  side  of  the  Estuary  of 
the  Croton,  then  an  open  bay  without  the  sedge 
flats  which  now  nearly  fill  it.  Here  too  was  subse- 
quently established  the  ancient  ferry  and  ferry  house, 
as  the  population,  and  the  traffic,  up  and  down  the 
Hudson,  began  to  grow  and  increase.  The  next  pointof 
settlement  was  about  the  mouth  of  the  Peekskill  Creek, 
and  in  the  tract  called  Ryke's  Patent.  The  method 
of  settlement  adopted  by  Van  Cortlandt  was  the 
same  as  that,  which  was  adopted  by  the  early  Dutch 

1  lib.  A.  of  Pstflnta,  Sec.  of  SUto's  OIT.,  114.  Lib.  I,,  West.  Gi>.,  Rag. 
OIT.,  141. 

'  Tim  *'  Vuii  Rycken  "  origin  of  this  naiuo,  givon  In  Boltiin'g  Iliatory, 
in  fnncirnl. 

'  Lib.  ir<,  Willi,  N.  Y.  Surr,  Off. ,  337. 


colonists,  and  subsequently  continued  by  the  English. 
What  it  was  we  learn  from  the  "  Information  relative 
to  taking  up  Land  in  New  Netherland  in  the  form  of 
Colonies,  or  private  bonweries"  written  in  1650  by 
Secretary  Tienhoven,  for  the  information  of  the  Btates- 
General  of  Holland.  "  Before  beginning  to  build  "  he 
says,  "  'Twill  above  all  things  be  necessary  to  select  a 
v.cH  located  spot,  either  on  some  river  or  bay,  suitable 
for  the  settlement  of  a  village  or  hamlet.  This  is  pre- 
viously properly  surveyed  and  divided  into  lota,  with 
good  strec  according  to  the  situation  of  t'e  place. 
This  hamlet  cun  be  fenced  all  round  with  high  nalisades, 
or  long  boards,  and  closed  with  gates."  *  *  "  Outf  i''.e 
the  village  or  hamlet,  other  land  must  Le  laid  out 
which  can  in  general  be  fenced  and  prepared  at  the 
most  trifling  expense." 

"  In  a  Colonie  each  farmer  has  to  be  provided  by 
his  landlord  with  at  least  one  yoke  of  oxen  or  with 
two  mares  in  their  stead,  two  cows,  one  or  two  sows  for 
the  purpose  of  increase,  the  use  of  the  farm,  and  the 
support  of  his  family."  *  *  "  And  as  it  is  found  by 
experience  in  New  Netherland  that  farmers  can  with 
difliculty  obtain  from  the  soil  enough  to  provide 
themselves  with  necessary  victuals  and  support,  those 
who  propose  planting  colonies  must  supply  their 
farmers  and  families  with  necessary  food  for  at  least 
two  or  three  years,  if  not  altogether,  it  must  be  done 
at  least  in  part."  Then  the  proprietor  had  to  furnish 
mechanics  of  all  kinds,  carpenters,  smiths,  wheel- 
wrights, millers,  and  boat  builders,  and  if  possible  a 
doctor,  and  a  clergyman  or  school  master.  In  this 
document,  there  are  descriptions  of  a  few  regions  in 
New  Netherland  which  he  mentions  as  well  adapted 
for  settlement  and  among  them,  that  of  the  eastern 
and  northern  part  of  West  Chester  county  comprising 
the  subsequent  Manors  of  Cortlandt,  the  upper  part 
of  Philipsburgh,  and  lands  immediately  adjacent  to 
them  and  tlie  Manors  of  Scarsdale  and  Pelham.  The 
region  is  thus  mentioned,  "  The  country  on  the  East 
River  between  Greenwich  and  the  Island  Manhat- 
tans is  for  the  most  part  covered  with  trees,  but  yet 
flat  and  suitable  land,  with  numerous  streams  and 
vallies,  right  good  soil  for  grain,  together  with  fresh 
hay  and  meadow  lands. 

Wiequaeskeck,  on  the  North  River,  five  leagues 
above  New  Amsterdam,  is  very  good  and  suitable  land 
for  agriculture,  very  extensive  maize  land,  on  which 
the  Indians  have  planted.  Proceeding  from  the  shore 
and  inland  'tis  flat  and  mostly  level,  well  watered  by 
small  streams  and  running  springs.  It  lies  between 
the  East  and  North  Rivers,  and  is  situate  between  a 
rivulet  of  Sintinck  and  Armonk."* 

This  is  the  first  topographical  description  of  the  up- 
per part  of  the  county  that  exists.  Written  twenty-sev- 
en years  before  Stephanus  von  Cortlandt  obtained  his 
license  of  1677,  and  thirty-three  before  ho.  made  his 


*  I.  Cv\.  Illat.  SC.'i-.STO.    TheM  atreaina  were  tbo  Sing  Sing  cre«k  snil 
the  Byooni  river. 


124 


HISTORY  OF  WESTCHESTER  COUNTY. 


first  purchase  of  its  northern  part  from  the  Indians, 
it  gives  us  a  good  idea  of  the  clear-headedness  and 
shrewdness  of  the  man,  and  the  obligations  he  took 
upon  himself  in  undertaking  to  settle  the  tract.  He 
undoubtedly  did  a  good  deal  in  bringing  in  inhabit- 
ants and  stock,  between  1(388,  the  date  of  his  first 
purchase,  and  1097,  the  date  of  his  Manor-grant. 
Here  it  was  that  he  erected  the  mills,  mentioned  (in 
the  plural)  in  his  will,  dated  three  years  later  in  1700, 
the  year  of  his  death,  which  by  both  Dutch  and  Eng- 
lish law  the  Patroons  and  the  Lords  of  Manors  were 
bound  to  provide  for  the  benefit  of  their  tenants.  Had 
Stephanus  von  Cortlandt  lived  to  be  seventy-five  or 
eighty  years  old,  like  so  very  many  of  his  descen'^Hn  ts  in 
every  generation,  instead  of  dying  at  fifty -sevei;,  leav- 
ing a  large  family,  mostly  minors,  it  ia  probable  that 
he  would  have  left  his  'nanor  as  flourishing  and  as 
populous  in  proportion  as  that  of  Rensselaerswyck  at 
the  i.  ime  date. 

The  general  franchises  'and  privileges  of  a  Manor 
having  already  been  described,  those  only  which  were 
peculiar  to  this  particular  Manor  of  Cortlandt  will  be 
mentioned  here.  The  Rent  Service  on  which  the 
Manor  was  held,  was  "  Forty  shillings  current  money 
of  our  said  Province  "  (five  dollars),  payable  "  at  our 
city  of  New  York  on  the  feast  day  of  the  Annuncia- 
tion of  our  Messed  Virgin  Mary."  The  peculiar 
franchises  of  the  Manor  of  Cortlandt  were  two  only, 
the  Rangership  of  the  Manor,  and  the  right  to  be 
represented  by  its  own  member  in  the  General  Assem- 
bly after  the  expiration  of  twenty  years  next  ensuing 
the  date  of  the  Manor  Grant,  the  17th  of  June  1()97. 
In  this  as  in  all  the  other  Manor-Grants  was  a  clause 
giving  to  the  L-ord  and  his  heirs  the  right  for  his 
tenants  to  meet  and  choose  assessors  and  provide  for 
public  charges  in  accordance  with  the  general  laws 
of  the  Province. 

Like  all  the  other  Manor-Grants  silver  and  gold 
mines  were  excepted  from  the  grant  and  reserved  to 
the  Crown.  This  reservation  was  actually  acted  upon 
by  the  Crown  in  the  case  of  this  Manor.  And  the 
last  century  a  Crown-grant  was  made  of  a  silver  mine 
which  was  discovered  just  by  Sing  Sing  village. 
But  space  will  not  permit  more  than  this  mention 
of  the  fact. 

"  Rangers  "  were  sworn  officers  of  the  Crown,  to 
whom  were  granted  by  the  Sovereign  the  "  Royal 
rights  or  franchises,  of  waifs,  estrays,  hunting,  royal 
fish,  treasure  trove,  mines,  deodands,  forfeitures,  and 
the  like.  They  were  appointed,  either,  by  a  special 
royal  grant,  over  a  special  district,  which  was  the 
more  usual,  or  else,  as  in  this  instance,  the  franchise 
was  named  among  others  in  the  grant  of  a  Manor. 
The  appointment  by  Governor  Hunter  on  September 
4th,  1710,  of  Major  Thomas  Jones,  of  Fort  Neck, 
Queens  County,  the  grandfather  of  Judge  Thomas 
Jones  the  author  of  the  "  History  of  New  York  dur- 
ing the  Revolutionary  War  "  as  '  Rangor-General  of 
Long  Island  '  is  an  instance  of  the  former.    That  of 


Stephanus  van  Cortlandt  in  his  Manor-Grant  of 
Cortlandt  one  of  the  latter.  Its  value  to  the  Lord  of 
Cortlandt  was,  that  it  gave  him  the  regulation  and 
absolute  control  of  the  methods  of  Hunting  and 
Fishing,  throughout  the  Manor,  the  forests  and  waters 
of  which  were  remarkable  for  their  more  than  great 
numbers  of  deer,  beaver,  wild  turkies,  wild  geese 
swans,  ducks,  and  other  feathered  game,  and  the  great- 
plenty  of  salmon,  shad,  herrings,  and  striped  bass, 
which  filled  the  Hudson,  to  say  nothing  of  the  trout, 
black  bass,  and  pickerel  of  its  beautiful  fresh  water 
lakes  and  streams,  which  gemmed  in  clear  brilliance 
the  vales  and  glades  of  the  Manor  amid  its  bold 
lofty  hills,  and  dark,  magnificent  forests. 

The  other  special  franchise  was  that  of  sending  a 
Kepresentative  to  the  General  Assembly.  This  was  a 
franchise  of  so  high  a  character  that  it  was  granted 
to  but  two  more  out  the  many  New  York  Manors, 
those  of  Rensselaerswyck  in  1705  and  Livingston 
in  1715,  the  former  eight  years,  the  latter  eighteen 
years,  after  the  grant  to  Cortlandt.  The  franchise  in  this 
case  was  not  to  be  enjoyed  till  after  the  lapse  of  twen- 
ty years  from  the  date  of  the  Manor-Grant,  June  17th 
1697,  that  is  until  after  June  17th,  I^IZ.  The  reason 
of  this  was  to  allow  a  sufficient  time  to  elapse  for  the 
coming  in  of  a  population  numerous  enough  to  re- 
quire a  reprenentative. 

In  1(597  when  the  Manor  was  erected,  except  a  few 
white  people  near  the  mouth  of  the  Croton,  and  near 
Verplanck's  Point,  the  whole  Manor  was  occupied  by 
the  Indians.  True,  their  title  to  the  lands  had  been 
duly  purchased,  but,  as  in  almost  all  Indian  purchas- 
es a  right  to  hunt  and  fish  and  plant  corn,  was  prac- 
tically reserved  by  the  Indians.  And  this  the  whites 
always  acknowledged.  In  consequence  the  entry  of 
the  whites  was  extremely  gradual.  Therefore,  until 
people  enough  to  require  a  representative  had  settled 
upon  the  Manor  there  was  no  need  of  one. 

It  was  not  until  1734,  however,  that  the  heirs  of 
Stephanus  van  Cortlandt,  who  had  died  in  1700,  chose 
to  avail  themselves  of  this  privilege  of  representa- 
tion. In  that  year  at  their  instance  Mr.  Philip  Ver- 
platick '  was  chosen  to  represent  the  Manor  in  the 
General  Assembly.  The  admission  of  its  Members  to 
the  Assembly  is  interesting  and  curious.  On  the  10th  of 
June  1734,  says  the  Journal  of  the  House,  "  Philip 
Verplanck,  Esq.,  attending  without,  was  called  in,  and 
produced  to  the  House,  an  indenture  that  he  was  duly 
elected  a  Representative  for  the  Manor  of  Cortlandt, 
in  this  present  Assembly,  as  likewise  the  Letters  Patent 
of  the  said  Manor  dated  in  the  year  1(597,  whereby  a 
Powerand  Privilege  [was]granted  tochoosesaid  Repre- 
sentative living  within  the  same,  to  commence  twen- 
ty years  after  its  dati' — Ordered,  that  the  same  be 
taken  into  consideration  to-morrow  morning."  The 
next  day,  the  eleventh,  the  House  resolved  that  Mr. 


*  The  InifllmiKl  of  Gertrndo,  <nily  rbilil  of  .Inliftiiiiofl  (.T;tliii)  van  Cort- 
liindt,  tlie  dliK'St  ion  of  Stepliaiiiii!,  which  Jiihannra  wu  then  (load. 


THE  ORIGIN   AND  HISTORY   OF  THE   MANORS. 


125 


Verplanck  "be  admitted  as  a  member  of  this  House 
for  the  said  Manor  as  soon  as  an  act  is  passed  for  tliat 
purpo»e,  and  that  leave  be  given  him  to  bring  in  a 
bill  accordingly."  Four  days  afterwards,  on  the  15th 
of  June  1734,  "  Mr.  De  Lancey  "  (Etienne  orStei)lien 
De  Lancey,  the  first  of  that  family  in  America,  then 
the  first  named  of  the  four  members  for  the  City  of 
New  York,  a  fon-in-law  and  one  of  the  heirs  of 
Stephanus  van  Cortlandt)  "according  to  leave  pre- 
sented to  this  House  abill  entitled.  An  Act  for  regula- 
ting the  choice  of  ^  Representative  for  the  Manor  of 
Cortlandt  in  the  County  of  VVestcheifer;  which  was 
read  the  first  time  and  ordered  to  be  read  the  second 
time.  Two  days  later,  on  the  17th,  in  the  morning 
session,  the  bill  was  read  a  second  time  and  referred 
to  the  Committee  of  the  Whole.  In  the  afternoon 
session  of  the  same  day  ''  Col.  Lewis  Morris,  Jr., ' 
from  the  Committee  of  the  whole  House  reported  the 
bill  with  an  amendment,  "  which  were  rend  and 
agreed  unto  by  the  House,"  and  the  saire  ordered  to 
be  engrossed.  F'ive  days  later  the  Governor  (Cosby) 
gave  his  assent  to  the  bill  and  it  was,  with  nine  others, 
"  ])ubli8hed  at  the  City  Hall."  Afler  which  and  on 
the  same  day,  on  motion,  Mr.  Verplanck  was  admit- 
ted as  the  Representative  for  the  Manor  of  Cortlandt. 
He  was  then  called  into  the  House,  and  Messrs.  Le 
Count  and  Van  Kleck  were  directed  to  go  with  Mr. 
Verplanck  before  the  Governor,  and  see  him  take  the 
oaths  and  subscribe  the  Declaration  according  to 
Law.  This  was  done,  and  on  their  return  Mr.  Le 
Count  reported  that  the  duty  had  been  performed, 
whereupon  it  was,  "Ordered,  that  the  said  Mr.  Philip 
Verplanck  take  his  place  as  a  Member  of  this  House 
accordingly." '  It  is  easy  to  see  from  these  proceed- 
ing.'* that  the  Assembly  was  very  jealous  of  its  own 
privileges,  and  careful  to  see  that  the  admission  was 
strictly  according  to  law. 

The  Act  itself  consists  of  a  long  preamble  and  four 
sections,  the  last  of  which  was  the  "amendment'' 
added  in  Committee  of  the  Whole.  It  is  recited  in  the 
preamble  that  Mr.  Verplanck  had  been  elected  "  pursue 
ant  to  a  Writ  lately  issued  to  the  Freeholders  of  and  in- 
thesaid  Manor,"  and  it  then  gives  the  reason  for  enact- 
ing the  law  in  these  words; — "But  inasmuch  as  the 
Heirs  of  the  said  Stephanus  van  Cortlandt,  by  Reason 
of  the  said  Manor's  remaining  undivided  among 
them,  and  otherwise,  had  not,  untill  very  lately,  as- 
serted and  claimed  their  said  Privilege;  and  there 
not  being  sufficient  Provision  made  in  the  said  Grant 
for  the  regulating  and  orderly  chusing  such  Repre- 
sentative, some  Debates  and  Controversies  did  arise 
in  the  House  of  Representatives,'  upon  the  Return 
made  to  them  of  the  choice  of  the  said  Philip  Ver- 

^Soii  of  tho  ClilHf  jiiBtlco  of  thn  n.\\w  nunio, 

*8cfl  joiiriialii  of  tli«  Aisumbly  vul.  I.  |<ag»a  (iUO  to  069  for  tlieae  pro- 

i^Tliia  torm  "  Huiiho  of  RoproflontativoH  **  po  ftiinillur  to  ull  Aiuoricans 
DOW,  wuH  tho  leriti  alwiiyH  nFu>il  in  Ni'W  York  in  culotiy  timet,  todiiitin- 
KUiHil  Uku  AiHuinbly  ofllclHlly. 


planck  as  aforesaid;  and  thereupon  for  the  regular 
admission  of  the  said  Philip,  it  was  ordered  that  he 
should  have  leave  to  bring  in  a  bill  for  that  pur])osc; 
Wherefore  and  to  the  end  such  Representative  may 
be  more  orderly  and  duly  elected  for  the  future." 
It  was  enacted ; — first,  that  Verplanck's  election 
should  be  confirmed  ;  second,  that  the  Freeholders  of 
the  Manor  should  elect  "  a  fit  and  discreet  Inhabitant 
and  Freeholder  "  of  the  Manor  to  represent  it  in  the 
Assembly ;  third  that  the  Returning  officer  of  the 
Manor  should  hold  the  elections  precisely  as  the  High 
Sheriff  held  the  elections  in  the  County,  and  be  em- 
powered to  administer  the  same  oaths ;  *  and  fourth  and 
last,  the  amendment  reported  by  Col.  Lewis  Morris, 
Jr.,  which  as  it  is  both  curious  and  interesting,  is 
here  given  in  full ;  IV.  Provided  and  Be  it  enacted  hi/ 
the  Auihority  aforesaid,  That  the  Freeholders  and  In- 
habitants of  the  said  Manor  of  Cortlandt,  shall  at  all 
times  pay  the  Wages  of  their  own  Representative; 
and  that  nothing  herein  contained  shall  exempt  them 
from  paying  their  due  and  equal  proportion  of  the 
Wages  of  the  Deputies  or  Representatives  for  tho 
County  of  Westchester,  and  of  all  other  the  annual 
publick,  and  necessary  charges  of  the  same  County."' 
It  is  certainly  very  evident  that  the  Assembly  of 
1734  did  not  believe  in  Representation  without  double 
taxation.  There  was- probably  some  jealousy,  or 
political  feeling  at  the  bottom  of  the  insertion  of  this 
provision,  for  three  years  later,  in  1737  it  was  uncon- 
ditionally repealed  by  an  Act  passed  on  the  16th  of 
December  in  that  year,'  except  as  to  the  general 
County  charges.  This  act  also  fixed  the  "  Wages  " 
of  the  Representative  of  the  Manor  at  "  Six  shillings 
for  every  day  he  attends  the  Service  of  the  said  As- 
sembly," and  expressly  provided  that  the  Inhabitants 
of  the  Manor  should  "  only  pay  the  charges  and 
Wages  of  their  own  Representative." 

It  also  provided  for  the  annual  election  in  the 
Manor  of  "  one  Supervisor,  one  Treasurer,  two  As- 
sessors, and  one  Collector  "  with  all  the  powers  and 
duties  of  those  officers  in  the  Counties  of  the  Pro- 
vince, pursuant  to  "  The  Act"  of  William  and  Mary 
of  1091,  "  for  defraying  the  public  charges  of  the 
Province,  maintaining  the  poor,  and  preventing  vag- 
abonds." This  was  the  first  time  these  officers  be- 
came necessary  in  the  Manor. 

Elected  and  admitted  to  his  seat  under  this  fran- 
chise in  1734,  Philip  Verplanck  was  constantly  re- 
elected to  subsecpient  Assemblies  and  sat  for  ihe 
Manor  of  Cortlandt  continuously  up  to  the  year  17()8, 
the  long  period  of  thirty-four  years.  A  continuous 
period  of  service  without  a  parallel  in  Province  of 
New  York,  and  which  has  never  occurred  under  the 
State  of  New  York.  The  nearest  approach  to  it  un- 
der the  State  Government,  singularly  enough,  being 


iSeopp.  110,  111,  i4iito. 

« I.  v.  H.  LnwB,  clmp.  007,  p.  183. 
»I.  v.  8.  LiiWh,  ill.  684,  p.  l;ii. 


t26 


HISTORY  OF  WESTCHESTER   COUNTY. 


that  of  the  distinguished,  and  very  able,  gentleman, 
who  has,  in  our  own  day,  represented  this  same  Man- 
or of  Cortlandt  and  the  portions  of  the  County  ad- 
joining it,  no'v  the  third  Assembly  District  of  West- 
chester County  of  which  he  is  a  native,  for  16  years 
In  the  Assembly  11  of  which  were  of  continuous  ser- 
vice, the  Honorable  James  W.  Husted  of  Peekskill ; 
and  who  in  the  Assembly  of  this  present  year — 1886 
— now  presides  over  that  Body  as  its  speaker, — the 
fourth  time  to  which  he  has  been  chosen  to  that  high 
office.'  Mr.  Verplanck  having  died  and  Sir  Henry 
Moore  the  Governor  having  dissolved  the  old  Assf  ai- 
bly  on  the  6th  of  February  1768,  writa  for  a  i.rw 
election  were  issued  on  the  10th  o>'  February  return- 
able on  the  22d  of  March  following,  between  which 
dates  the  new  election  was  held,  in  the  manner  that 
has  been  before  described,  and  "  Pierre  Van  Cortlandt 
Esq."  was  duly  elected  representative  for  the  Manor, 
and  took  his  seat  at  the  opening  of  the  session  on  the 
27th  of  October  1768."  This  Assembly  was  a  very 
short  one,  having  been  dissolved  by  the  same  Gover- 
nor on  the  2d  of  January  1769.  New  writs  for  a  new 
election  were  issued  on  the  4th  of  the  same  month  re- 
turnable on  the  14th  of  the  ensuing  February.'  The 
election  in  the  manor  took  place  on  the  1st  of  Febru- 
ary 1769  "Pierre  Van  Cortlandt  Esq."  being  again 
elected.  The  following  is  a  copy  of  the  "  return  "  of 
the  election  under  the  hands  and  seals  of  the  return- 
ing officers,  and  as  showing  the  method  in  use  in  Col- 
ony days  is  of  much  interest.  It  is  endorsed  "  Copy 
of  Indenture  certifying  the  election  of  Pierre  Van 
Cortlandt  Esq',  to  serve  as  Representative  of  the 
Manor— 1769." 

Indenture  of  Election. 

"This  Indenture  made  and  concluded  this  first  day 
of  February  in  the  Ninth  year  of  the  Reign  of  Our 
Sovereign  Lord  George  the  Third  by  the  Grace  of 
God  of  Great  Brittain  France  and  Ireland  King,  De' 
fender  of  ye  Faith,  etc.,  and  In  the  year  of  Our  Lord 
One  Thousand  Seven  Hundred  and  Sixty-Nine — 
With  and  Between  Joshuah  Traviss  Constable  of  the 
one  Part  and  Jeremiah  Traviss,  Charles  Moore, 
Joseph  Traviss,  Abraham  Purdy  and  John  Stevens 
Principal  Freeholders  of  the  Manor  of  Cortland  of 
the  Other  Part,  Witnesseth  that  the  said  Constable 
in  obedience  to  His  Majesties  Writ  to  him  directed 
bearing  Date  the  Fourth  day  of  January  did  give 
Public  Notice  to  the  Freeholders  of  the  said  Manor 
of  Cortland  who  assembled  and  met  Together  on  the 
First  Day  of  February  and  by  Plurality  of  Voices 
made  Choice  of  Pierre  Van  Cortlandt,  Esq.,  one  of 
the  Principal  Freeholders  of  the  Said  Manor  to  be 
the  Representative  to  Assist  the  Captain  General  or 

1  For  one  your  uf  Mr.  HtiHtfirs  st^rTlce  in  tlx;  Afficnibly,  he  flut  fur 
Ro."klanrl  Cunnty  iliroctly  acrusn  tiny  HuiIhuii. 

2  AHH-inbly  JuurnulH  uf  17li8,  a. 

■' Amonihly  Journals  uf  17ti'J,  p.  II,  lly  ft  printer's  error  tlie  Joiirnuli 
inalii'  tliii  iHsiie  of  the  new  Writs  the. "14th,"  instead  of  the  "4lh"  of 
January,  1709. 


Commander-in-Chief  of  the  Province  of  New-York 
In  General  Assembly  for  Said  Province,  on  the  Four- 
teenth day  of  February.  In  Testimony  Whereof  we 
have  hereinto  set  our  Hands  and  Seals  this  day  and 
year  First  Above  Written. 

Joseph  Traviss,  [l.  h.]  Joshuah  Traviss,  Constable 
[l.  8.]  Abram  Purdy,  [l.  s.]  Jeremiah  Traviss,  [l.  s] 
John  Stevens,  (l.  8.]  Charles  Moore,  [h.  8.]  * 

This  Assembly  was  the  last  elected  in  the  Province 
of  New  York,  and  sat  till  1775.  Pierre  Van  Cort- 
landt sat  for  tiie  Manor  during  its  whole  existence. 

In  1756  the  population  had  so  increased  that  au  act 
was  passed  reciting  the  fact  and  authorizing  the  elec- 
tion of  two  Constables,  one  from  those  "  having 
Habitations  near  Hudson's  River,"  and  the  other 
from  those  whose  "  Habitations  "  were  "on  the  East- 
ern parts  of  said  Manor." ' 

By  1768  the  numbers  of  the  people  had  so  much 
more  increased  that,  the  last  mentioned  act  wjis 
amended  by  authorizing  the  election  of  three  Con- 
stables, and  dividing  the  Manor  into  three  "  Divi- 
sions "  or  Wards,  each  of  which  was  to  elect  one  of 
the  three  constables.  The  first  of  these  "  division  " 
contained  all  the  Manor  West  of  the  east  bonds  of 
North  lot  No.  I.  and  South  lot  No.  I.,  North  of  the 
Croton  River,  and  West  of  the  West  bounds  of  lot  No. 
8  on  the  South  of  the  Croton.  The  second  division, 
lay  east  of  the  first,  and  Went  of  the  West  bounds  of 
North  lot  No.  8  and  South  lot  No.  8,  and  West  of  the 
East  bounds  of  lot  No.  10  South  of  the  Croton.  The 
third  was  all  the  rest  of  the  Manor  East  of  the  East 
bounds  f,f  the  second  division."  This  act  also  provid- 
ed for  ihe  annual  election  of  "  Overseers  of  Roads  " 
in  each  of  the  above  divisions  and  specified  their 
powers  and  duties.' 

In  all  these  elections,  and  public  actions  under  the 
foregoing  laws,  the  inhabitants  of  the  Krankhyte  300 
acre  tract,  and  of  Ryke's  Patent  were  included,  be- 
ing political  portions  of  the  Manor  of  Cortlandt,  al- 
though the  fee  of  the  soil  was  in  the  owners  of  the 
patents  solely.  Several  of  the  Manors  in  New  York 
likewise  embraced  within  their  limits  in  the  political 
sense,  small  parcels  of  land  not  owned  in  fee  by  their 
proprietors,  in  the  same  way.  By  1770  the  people  in 
Ryke's  Patent  had  so  increased  in  number,  that  an 
act  T/as  passed  on  the  27th  of  January  in  that  year, 
for  their  special  benefit  which  provided  "  that  for  the 
better  defraying  the  common  and  necessary  charges 
of  Ryke's  Patent  in  the  Manor  of  Cortlandt  in  West- 
chester County,"  the  Freeholders  thereof  should  elect 
on  the  first  Tuesday  in  every  April,  one  Supervisor, 
one  Constable,  one  Assessor,  one  Poor-Master,  two 
Fence-Viewers,  one  Pound-Master,  and  one  or  more 
Surveyors  of  Highways,   with   all   the  powers  and 

*  The  uriginnl  is  among  the  Van  Gortiandt  papers. 
6 1.  V.  S.  I,aws,  Ch.  lillf),  p  Ml). 

*iThoRC  divisions  are  ofinn  ftpolcen  of  in  the  documents  of  that  day, 
as  the  throe  wanis  of  the  Mniiors, 
'  II.  V.  S.  Laws,  t'h.  1378,  p.  529. 


THE  ORIGIN   AND  HISTORY  OF  THE  MANORS. 


127 


duties  and  subject  to  the  same  pains  and  penalties  of 
the  like  oificers  under  the  Laws  of  the  Colony.' 

A  singular  law  in  regard  to  the  Manor,  as  it  appears 
to  us  now,  was  one  passed  the  13th  of  December, 
1763,  which  enacted  that  in  case  any  person  whatso- 
ever "shall  carry  on  the  Practice  of  Inoculation  for 
the  Small-Pox  in  the  Manor  of  Cortlandt  within  the 
Distance  of  Half  a  Mile  of  any  Dwelling  House  he 
shall  forfeit  the  sum  of  Tuieniy  Pounds  ($60.)  for  every 
such  offence,  upon  proof  before  a  Justice  of  the  Pence, 
one-ihird  to  go  to  the  j)ronecutor,  and  the  other  two 
thirds  "  'or  the  use  of  the  Poor  in  the  Said  Manor." 
The  patient  had  consequently  to  go  through  the  oper- 
ation and  subsequent  treatment,  cither  in  a  barn  or  a 
shanty  in  the  woods. 

The  Manor  of  Cortlandt  was  erected  on  the  17th  of 
June,  1697.  Stephanui  van  Cortlandt  its  first  and 
only  Lord  died  on  the  ii:5th  of  November  1700.  Three 
years  and  about  five  months  only  did  he  possess  it. 
This  time  was  too  short  for  any  practical  development 
of  its  Manor  privileges,  all  that  he  seems  to  have  done, 
was  to  make  the  stone  trading  house  situated  at  or 
rather  near,  the  northern  terminus  of  the  ferry  across 
the  mouth  of  the  Croton  River,  better  adapted  to  its 
purposes,  to  bring  in  some  farmers  and  mechanics,  and 
build  mills.  Precisely  when  this  house  was  built  is 
uncertain,  but  probably  about  1683.  Van  Cortlundt's 
home  was  in  New  York,  and  this  first  building  was 
intended  as  a  station  for  Indian  traific.  Naturally  it 
became  his  place  of  temporary  residence  when  visit- 
ing his  lands  after  his  first  purchase,  either  for  busi- 
ness, pleasure,  or  the  enjoyment  of  hunting  and 
fishing.  It  is  a  tradition  that  Governor  Dongan  often 
visited  this  region  for  the  latter  purposes,  as  he  was  a 
sportsman  in  his  tastes,  a  thorough  gentleman  and  a 
great  personal  friend  of  van  Cortlandt.  Dongan  was 
fond  of  flowers  and  fruit  culture,  and  he  introduced  a 
kind  of  apple  into  this  region  still  known  in  the 
Manor  District  as  the  "  Dongan  Apple."  Subsequently 
the  House  was  enlarged  and  became  the  still  existing 
well  known  "  Manor  House  of  Cortlandt's  Manor." 
From  the  days  of  Stephanus  to  the  present  hour  it  has 
ever  continued  to  be  the  property  and  the  residence  of 
one  of  his  family  and  his  name,  and  ever  the  scene  of  a 
continued,  and  generous  hospitality.  The  main  part  of 
the  structure  is  built  of  reddish  free-stone,  with  a  high 
basement  and  walls  nearly  three  feet  thick.  The  roof 
is  a  rather  low  pitched  one,  in  the  Dutch  style  with 
dormer  windows.  A  piazza  of  modern  construction, 
e-xtends  along  the  entire  front  above  the  high  base- 
ment. It  stands  on  the  brow  of  a  declivity  sloping 
to,  and  overlooking,  the  wide  estuary  of  the  Croton 
River,  and  commands  a  magnificent  view,  to  the 
southwest  of  the  wide  Tappan  Sea  of  the  Hudson, 
and  its  striking,  beautiful,  bold,  and  almost  mountain- 
ous scenery.  It  was  originally  pierced  with  T  shaped 
openings  for  defence,  in  case  of  hostile  attacks,  and 


>  II.  V.  8.  UwB,  oil.  1469,  p.  576. 


one  or  two  of  them  have  been  kept  unwalled  up,  as  a 
matter  of  interest,  to  this  day.  The  ancient  ferry 
near  which  it  was  built  was  then  and  long  after  the 
only  method  of  crossing  the  Croton  River  i'rom  the 
south  to  the  north,  west  of  Pine's  Bridge  near  the 
centre  of  the  present  Artificial  Croton  Lake,  a  dis- 
tance of  several  miles.  That  bridge  was  not  built 
till  late  in  the  18th  century.  To  the  death  of  Steph- 
anus van  Cortlandt  so  shortly  after  the  erection  of  his 
lands  into  a  Manor,  is  probably  to  be  ascribed  the 
fact,  that  there  are  no  records  to  show  whether  he 
ever  organized  his  Manorial  Courts.  The  probability 
is,  from  the  then  sparseness  of  the  inhabitants,  that 
he  did  not.  Nor  before  his  death,  was  there  sufficient 
time  to  have  ini.'-oduced  very  many  new  settlers.  We 
know  however  that  all  the  privileges  nnd  franchises 
of  the  Manor,  general  and  political,  were  enjoyed  by 
his  heirs,  or  their  as.signs  during  the  whole  Colonial 
era. 

It  will  be  remembered,  that,  by  the  terms  of  the 
surrender  of  New  Netherland  to  the  English  under 
Nicolls  in  1664,  and  afterwards  under  the  provisions 
of  the  treaty  of  Breda  in  1667,  the  Roman-Dutch  law 
of  inheritance  was  guaranteed  to  the  new  Netherland 
colonists.  Hence  it  was,  that  when  Stephanus  Van 
Cortlandt  died  on  the  25th  of  November,  1700,  his 
will  made  on  the  14th  of  the  jsreceding  April,  was 
found  to  be  in  accordance  with  that  law,  and  not  with 
the  law  of  England.  Very  ample  and  honorable  pro- 
visions was  made  for  his  wife,  both,  in  case  she  wislied 
to  marry  again,  or  in  case  she  did  not,  the  latter  of 
which  proved  to  be  the  case,  although  she  outlived  her 
husband  nearly  four  and  twenty  years.  The  peninsula 
of  Verplanck's  Point  was  devised  to  his  eldest  son  Jo- 
hannes, and  all  the  rest  of  his  property  of  all  kinds 
was  divided  equally  among  all  his  surviving  children, 
eleven  in  number,  including  Johannes.  The  devise 
of  Verplanck's  Point  was  all  that  Johannes  received 
in  addition  to  the  others  in  virtue  of  his  being  the 
oldest  son."  Had  it  not  been  for  the  terms  of  surren- 
der and  the  treaty  this  eminently  just  will  could  not 
have  been  made,  nor  could  the  action  under  it  which 
the  widow  and  children  adopted,  have  been  taken. 

Before  describing  that  action  and  its  results,  it  is 
necessary  to  state  who  Stephanus  Van  Cortlandt  was, 
who  was  his  father,  what  his  family,  and  who  were 
his  children. 

Stephanus  Van  Cortlandt  was  the  eldest  of  the  two 
sons,  Stephanus  and  Jacobus  (Stephen  and  James), 
of  Oloft",  (or  Oliver),  Stevens  Van  Cortlandt,  the  first  of 
that  name  in  America,  by  his  wife  Annetje  (Ann) 
Lockermans.  He  was  born  at  his  father's  house  in 
"  Brouwer,"  now  Stone,  street,  in  New  Amsterdam  on 
the  seventh  of  May,  1643,  and  was  baptized  three  days 
later,  or  the  eleventh,  in  the  Dutch  church  in  the 
Fort.  He  married  on  the  tenth  of  September,  11)71, 
in  his  28th  year,  Gertrude,  daughter  of  Philip  Pie- 


>Tli»  will  ia  recorded  in  tlie  N.  Y.  Surr.  Off.,  Lib.  %  of  Wills,  p.  78. 


128 


HISTORY  OF  WESTCUESTEU  COUNTY. 


terse  Schuyler,  of  Albany;  and  died,  as  has  been 
stated  on  the  twenty-fifth  day  of  November,  1700,  at 
the  comparatively  early  ajr'j  of  fifty-seven  years,  leav- 
ing him  surviving  his  wife  and  eleven  children. 

His  father,  Olott"  Stevens,  or  Stevenae,  vnii  Cort- 
landt,  came  to  New  Netherland,  a  soldier  iu  the  ner- 
vice  of  the  West  Inula  Company,  arriving  there  in  the 
Ship  Haring  (The  Herring)  with  Director  K'ieft  ou 
the  28th  of  March,  1638.' 

He  was  a  native  ot  Wijk,  a  small  town  in  the  prov- 
ince of  Utrecht,  in  Holland.  But  of  the  or'8;in  uf  his 
family  nothing  is  definitely  known.  He  had  a  good 
education  and  the  positions  ue  subsequently  held,  his 
seal  with  the  van  Cortlandt  arms,  still  in  the  posses- 
session  of  his  descendants,  as  well  as  articles  of  Dutch 
plate  bearing  the  same  arms,  show  that  his  position 
was  good,  and  that  of  a  gentleman.  He  remained 
only  a  short  time  in  the  military  service,  having  been 
appointed  by  Kieft  in  1()39  "Commissary  of  Cargoes,'' 
or  customs  officer,  and  in  1643,  Keeper  of  the  Public 
Stores  of  the  West  India  Company,  a  responsible  po- 
sition under  the  provisions  of  the  Charters  of  Free- 
doms and  Exemptions,  being  the  Superintendent  of 
the  collection  of  the  Company's  Revenue  in  New 
Amsterdam,  most  of  which  was  paid  in  furs.  In  1648 
he  resigned  from  this  official  position,  was  made  a 
freeman  of  the  City,  and  entered  upon  the  business 
of  a  merchant  and  brewer,  in  which  he  was  eminent- 
ly successful,  becoming  one  of  the  richest  men  in 
New  Amsterdam.  In  1649  he  was  chosen  Colonel  of 
the  Burgher  Guard,  or  City  train  Bands,  and  also 
appointed  one  of  the  "  Nine  Men  "  a  temporary  rep- 
resentative board  elected  by  the  citizens.-  In  16t;4 
he  was  elected  Schepen,  or  a  Alderrv.  >.  and  the  next 
year,  1655,  apjwinted  Burgomaster,  or  Mayor,  of  New 
Amsterdam.  This  ofiice  he  filled  nearly  uninterrupt- 
edly till  the  capture  by  the  English  in  1664,  at  which 
he  was  one  of  the  Commissioners  appointed  by  Di- 
rector Stuy  vesant  to  negotiate  the  terms  of  Surren- 
der, was  prominent  in  their  settlement,  and  the  docu- 
ment bears  his  signature  with  those  of  the  other  Com- 
missioners. He  was  also  engaged  in  several  tempo- 
rary public  matters  as  a  Councillor  and  Commi^isioncr 
during  the  administration  of  Director  Stuyvesant, 
notably  in  the  Connecticut  boundary  matter  in  1663, 
and  the  settlement  of  Capt.  John  Scott's  claim  to 
Long  Island  in  1664.  He  acted  in  similar  capacities 
under  the  first  English  Governors,  Nicolls,  Lovelace, 
and  Dongan,  and  was  chosen  the  Trustee  of  Lovelace's 
estate  to  settle  it  up  in  1673.  He  married  on  the 
26th  of  February,  1642,  AnnetjeLockermans  of  Turn- 
hout,  near  Antwerp,  a  sister  of  Govert  Lockermans, 
who  came  out  with  Director  von  Twiller,  in  1633,  and 
was  so  prominent  afterward  in  New  Netherland  af- 
fairs.   "Qovert  Loockermans  after  filling  some  of  the 


1 1.  O'CoU.  180.  Alk.  lice.  1.,  89.  The  Dutch  tl'uo|w  in  New  Anuter- 
dttiu  were  deUichiiieiiU  from  thu  regular  nrniy  rulacd  in  Hullaud  by  the 
Wetit  India  Cuiiipniiy,  and  were  cliaugod  from  time  to  time. 

'  Ue  was  «Im  one  of  the  "  Eight  Ueu  "  a  similar  body,  in  161&. 


highest  offices  in  the  Colony,"  says  O'Collughan,  (vol. 
2,  p.  38,  n.)  died,  worth  620,000  guilders,  or  $'.08,- 
OUO  ;  an  immense  sum  when  the  period  in  which  he 
lived  is  considered."  Oloft'  Stevense  van  Cortlandt 
died  on  the  4th  of  April,  1684,  and  hi.  wife  followed 
him  about  a  month  afterwards.'  They  had  seven 
children,  the  oldest  of  whom  was  Stephanus,  and  the 
youngest  .Tacobus,  who  respectively,  were  the  progen- 
itors of  all  of  the  name  now  living.  The  former  found- 
ed the  oldest  branch,  the  van  Cortlandts  of  the  Man- 
or, the  latter  the  younger  branch,  the  van  Cortlandts 
of  Cortlandt  House,  Yonkers.  The  names  of  Oloflf 
Stevense  and  Annetje  van  Cortlandt's  seven  children 
were: 

1.  Stephanus,  born  7  May   1643,  married  Gertrude 

Schuyler. 

2.  Maria  (Mary),  born   30  July  1645,  married  Jere- 

mias  Van  Rensselaer. 

3.  Johannes  (John),  born    11    Oct.    1648,  died    a 

bachelor. 

4.  Sophia,    born    31  May    1651    married    Andriea 

Teller. 

5.  Catharine,  born  25  Oct.  1652,  married 

1.  John  Dervall, 

2.  Frederick  Philipse. 

6.  Cornelia,    born    21    Nov.  1655,   married  Brandt 

Schuyler. 

7.  Jacobus,  born  7  July  1658,  married  Eve  Philipse. ' 
After  the   death  of  the  oldest  of  these  children, 

Stephanus,  his  Manor  vested  in  his  own  surviving  chil- 
dren as  joint  tenants  under  his  will.  Their  Father, 
Stephanus  van  Cortlandt,  the  first  and  only  Lord  of 
the  Manor,  was  one  of  the  most  eminent  men  of  the 
Province  of  New  York  after  it  become  an  English 
Colony.  Except  the  Governorship  itself,  he  filled  at 
one  time  or  another  every  prominent  office  in  that 
Province.  And  when  Lt.  Gov.  Nicholson  went  to 
England  at  the  outbreak  of  Leisler's  insurrection  and 
actual  usurpation,  to  report  in  person  to  King  Wil- 
liam, he  committed  the  Government  itself  in  his 
absence,  to  Stephanus  van  Cortlandt  and  Frederick 
Philipse. '  A  fact  that  caused  Leisler,  to  seek  their 
lives  and  forced  them  to  escape  from  the  City  of  New 
York  to  save  themselves.  Space  will  not  permit  more 
than  the  briefest  mention  of  the  events  of  his  career, 
perhaps  the  most  brilliant  and  varied  in  the  fifty- 
seven  years  it  occupied,  of  any  inhabitant  of  New 
York  in  the  seventeenth  century ;  and  undoubtedly 
the  first  brilliant  career  that  any  native  of  New  York 
ever  ran.  Born  in  New  Amsterdam  in  1643,  he  was 
a  youth  of  twenty-one,  when  in  1664  the  English 
capture  took  place  and  New  Amsterdam  became  New 


>Tbe  facts  gtatod  in  this  siietch  are  fonnd  in  I.  O'Call.  ISOand  212. 
New  Netherland  Itegister  under  its  scverai  headings,  and  tiio  II.  voi. 
of  the  Cuionial  Uistory.  Also  in  Brodhead's  History,  both  volumes. 
And  tlio  Lookerman's  Family  Bible  in  the  library  of  the  Bible  Society 
of  New  York. 

*  Daugliter  of  the  flrst  Frederick  Pbilitise. 

'III.  Col.  Hist.  675. 


THE  ORIGIN   AND   HISTORY   OF  THE    MANORS. 


129 


York.  Hnm^lit  up  under  the  eye  of  his  father,  and 
eduiated  by  the  Dutch  I'lergymen  of  New  Amster- 
dam, '  \'-h<)Hi>  Hc'hohirHhi))  wiih  viiHtly  higher  than  it 
hiw  pleased  nuuhjrn  writers  to  state,  and  >Yhich  wouhl 
compare  favorably  with  that  of  the  elergy  of  the 
nineteenth  century,  young  van  Cortlandt  long  before 
the  death  of  his  father  in  1(JS4,  showed  how  well  he 
had  profited  by  the  example  of  the  one,  ;ind  the 
learning  of  the  others.  He  was  n  »u'rchiint  by  occu- 
pation. His  first  appointment  >>-as  as  a  memWr  of 
the  Court  of  Assizes,  the  body  instituted  under  "  the 
Duke's  liaws  "  over  which  Sir  Richard  Nicolls  i)re- 
sided,  and  which,  as  we  have  seen,  exercised  both 
judicial  and  legislative  powers.  In  16(58  he  was  ap- 
))ointed  an  Ensign  in  the  Kings  County  Regiment, 
subse(|uently  a  Captain,  and  later  its  Colonel.  From 
1()77  when  at  the  age  of  34  he  was  appointed  the  first 
Native  American  Mayor  of  the  City  of  New  York,  he 
held  that  ottice  almost  consecutively  till  his  death  in 
1700.  When  by  the  Duke  of  York's  Commission 
and  Instructions  to  (Jovernor  Dongan,  a  Gov- 
ernor's Council  was  established  in  New  York, 
Stephanus  van  Cortlandt  and  Frederick  Philipse  were 
named  by  the  Duke  therein  as  Councillors,  and  with 
them  Dongan  was  to  appoint  such  others  as  ho  deemed 
fitforthe  ottice.  His  name  was  continued  in  eachofthe 
Conimissions  of  all  the  succeeding  Ctovernors  down  to 
and  including  Bellomont's  in  l()t)7,  and  he  continued 
in  the  olfice  till  his  death  in  1700.  Karly  in  this  latter 
year  he  was  appointed  Chief  Justice,  but  he  only  filled 
the  office  till  his  death  in  November  of  the  same  year. 
He  had  many  years  before  been  appointed  .fudge  of  the 
Common  Pleas  in  Kings  County,  and  later  in  169.'$  a 
Justice  of  the  iipreme  Court.  In  168()  Dongan  made 
him  Commissioner  of  the  Revenue — and  on  the  10th 
of  November,  1687,  he  was  appointed  by  the  King's, 
Auditor-General  in  England,  William  Rlathwayt, 
Deputy  Auditor  in  New  York,  his  accounts  being  reg- 
ularly transmitted  to  England  and  ai)proved. 

He  was  a|)pointed  also  Deputy  Secretary  of  New 
York  and  personally  administered  the  office,  the  Sec- 
retary always  residing  in  England,  after  the  British 
custom.  He  was  prominent  in  all  the  treaties  and 
conferences  with  the  Indiana  as  a  member  of  the 
Council,  and  was  noted  for  liis  influence  with  them. 
His  letters  and  despatches  to  Governor  Andros,  and 
to  the  ditt'erent  Hoards  and  officers  in  England 
charged  with  the  care  of  the  Colonies  and  the  man- 
agement of  their  att'airs,  remain  to  show  his  capacity, 
clear  hcadediiess  and  courage. ''  I'^iuallj'  esteemed 
and  confided  in  by  the  governments  of  James  as  Duke 
and  King,  and  by  William  and  IVIary  in  the  troublous 
times  in  which  he  lived,  and  sustained  by  all  the 
Governors,  even  though,  as  in  Bellomont's  case,  they 
did  not  like  him  personally,  no  greater  proof  could  be 
adduced  of  his  ability,  skill,  and  integrity. 


1  Ill.tJul.  Hi8l.  .-iH8. 

'  In  vuU.  111.  and  IV.  uf  the  Col.  Hist,  uf  N.  Y. 


10 


With  this  sketch  of  their  Father  we  p;i8s  to  the 
disposition  he  made  of  his  (ircat  Manor  among  his 
children,  and  their  management  and  final  division  of 
it  among  themselves : 

The  whole  number  of  the  children  of  Stephaniis 
van  Cortlandt  and  Gertrude  Schuyler,  his  wife,  who 
were  married  on  the  10th  of  September  1671,  were 
fourteen ; 

1.  Johannes  (John),  born   24  Oct.  1672,  married  in 

1695  Anne  Sophia  van  Schaack 
and  left  one  child  Gertrude, 
who  married  Philip  Verplanck 
grandson  of  Abraham  Isaacsen 
Verplanck  the  first  of  that 
family  in  America. 

2.  Margaret,  born  12  Aug.  1674,  married  to  Col.  Sam- 

uel Bayard  only  son  of  Nicholas 
Bayard  the  youngest  of  the  three 
nephews  of  Gov.  Stuyvesant. 

3.  Ann,  born  13  Feb.  I(i76,  married  Etienne  (in  Eng- 

lish Stephen )  de  Lancey,  the  first 
of  that  family  in  New  York, 
where  he  arrived,  a  fugitive  Hu- 
guenot, on  the  7th  of  June,  KiSfi. 

4.  Oliver,  born  26  Oct.  1678,  died  a  bachelor  in  1708. 
r>.  Maria  (Mary),  born  4  Apl.  1680,  married  1st,  Kilian 

van  Rensselaer  fourth  Patroon, 
and  first  '  Lord  of  the  Manor,' 
of  Ren.%4elacrswyck,  and  2nd 
John  Miln,  M.D.,of  All)any. 

6.  (terti-ude,  born  10  Jan.  1681,  dieil  unmarried. 

7.  Philip,  born   9   Aug.    1683,  married  Catherine  de 

Peyster,  daughter  of  the  first 
Abraham.  From  this  couple 
spring  the  e/de«t  line  of  the  van 
Gurtlaiul/x,  now  British  subjects. 

8.  Stephen,   born    11    Aug.    UW!>,   married   Catalina 

Staats.  These  were  ancestors  of 
the  '  van  Cortlandt  of  Second 
River'  (the  Pa.ssaic)  New  Jer- 
sey, now  e.xtinct  in  the  males. 

9.  Gertrude,  born   10  Oct.  I(i88,  married  Col.  Henry 

Beeknian.    No  issue. 

10.  Gysbert,  born  1689  died  young. 

11.  Klizabeth,  born  1691,  died  young. 

12.  Elizabeth,  2d,  born  24  May  1694,  married   Rev. 

Wm.  Skinner  of  Perth  Amboy. 

13.  Catharine,  born  24  June  1696,  married  Andrew 

Johnston  of  New  Jersey. 

14.  Cornelia,  born  30  Jidy  1698,  married  Col.  .fohn 

Schuyler  of  Albany.  These 
were  the  progenitors  of  the 
Schuylers  descended  from  Gen. 
Philip,  who  was  their  son,  and 
from  his  brothers  and  sisters.  ' 

3  TliH  Keiinalogy  ntiove  ^iven  In  tukaii  rmni  n  tniiiwript  uf  tliti  ciitrii-s 
ill  tlu>  van  Cortlandt  family  l)il>lo,  obtaiiii'd  rroni  ono  of  the  itUlcHt  hranch. 
the  Gngllih  one,  by  the  late  (Jen.  I'ierre  van  0.  of  C'rotou  in  18'.i0  and 


180 


IILSTORY  Ob'  WEHTCHKHTEK  COUiNTY. 


Thin  Inrgi!  rainily,  of  which  four  sons  mid  hovi'Ii 
dnuKhlcrs  lived  to  maturity,  the  latter  of  whom  mar- 
ried into  the  tirHt  fumilieHof  tlie  I'roviiiee,  and  three 
of  the  Hoiis.  (one  hiivinj;  died  a  youiij;  bachelor)  mar- 
rying into  the  Maine  or  allied  (amilicH,  forine<l  a  fami- 
ly e.oniiexioM,  of  great  extent  and  intluenee.  It  wield- 
ed a  power,  Hocial  and  political,  (luring  the  Oolonial 
era  wiiicli  largely  controlled  the  society  and  the  poli- 
tics of  the  Province,  and  in  social  inatterH  its  intlu- 
enee has  continued  to  be  felt  to  this  ilay.  All  the 
married  daughters,  exee]>t  Mrs.  ISceknuin  who  had 
no  issue,  had  large  families,  and  those  of  the  sons 
were  also  numerous.  And  when  to  these  were  added 
the  children  of  Stephanus's  younger  brother  .Tacobus 
van  Cortlandt  of  Yonkers,  and  their  wives  and  hus- 
bands, it  will  be  seen  what  an  enormous  family  circle 
it  wan,  and  will  explain  why  ut  this  day  all  these 
families  now  so  widely  extended,  are  by  the  mar- 
riages and  inter-marriages,  among  their  descendants, 
so  connected  together  as  to  form  an  almost  inexplica- 
ble genealogical  puzzle.  In  no  other  American  colo- 
ny did  there  exist  any  such  great  kinship.  It  also 
explains  why  nobody  can  write  correctly  the  history 
of  New  York  under  the  English,  without  first  mak- 
ing himself,  or  herself,  the  master,  or  the  mistress,  of 
at  least  the  leading  facts  of  this  kinship  of  the  ditTer- 
ent  governing  families  of  that  Province. 

The  political  influence  of  these  New  York  families 
18  best  shown  by  the  following  extract  from  William 
Smith's  History  of  New  Y'ork,  a  most  partizan  and 
prejudiced  work,  but  which  in  this  instance  can  be 
relied  on,  as  the  language  is  thatof  a  political  enemy, 
and  was  written  to  explain  the  worsting  of  his  own  side 
in  the  party  contest  ofthe  day  to  which  it  refers.  Speak- 
ing of  the  New  York  Assembly  of  17r)2,  and  the  influ- 
ence of  Chief  Justice  James  de  Lancey,  Smith  says,  "  It 
may  gratify  the  curiosity  of  the  reader  to  know,  that  of 
the  Members  of  this  Assembly  Mr.  Chief  Justice  De 
Lancey  was  nephew  to  Col.  Heekman,  brother  to  I'eter 
De  Lancey,  brother-in-law  of  John  Watts,  cousin  to 
Philip  Verplanck  and  John  Baptist  Van  Rensselaer; 
that  Mr.  Jones  the  S])eaker,  Mr.  Richard,  Mr.  Wal- 
ton, Mr.  Cruger,  Mr.  Philipse,  Mr.  Wiiine,  and  Mr. 
Le  (Jount,  were  of  his  most  intimate  ac(]uaintances  ; 
and  that  these  twelve,  of  the  twenty-seven,  which 
composed  the  whole  house,  held  his  character  in  the 
highest  esteem.  Of  the  remaining  fifteen  he  only 
wanted  one  to  gain  a  majority  under  his  influence, 
than  which  nothing  wa.s  more  certain  ;  for  except  Mr. 
Livingston  who  represented  his  own  JIanor,  there 
was  not  among  the  rests  manof  education  or  abilities 
qualified  for  the  station  they  were  in."  ' 

"The  Seven  Miss  van  Cortlandt*!,"  as  they  were 
long  collectively  spoken  of,  were  noted  for  their  char- 

■cnt  to  tht>  writcrHOraiiclfiitlier  .loliii  IVti'r  dii  I/uihcv  cil  Mftiiiiir k 

(tho  two  K^ntlcnicn  IwiiiK  BPcond  ((MiRinH)  anil  now  in  tin?  wiiti'in  |«»<- 
BCBslon.     It  wim  prlnterl  by  tho  M-rlter  In  tlm  Apl.  No.    ,  l«74,  of  tlie 
\.  Y.  (ion.  &  Blog  Rotord. 
>  II.  Sniith'a  Hist.  N.  Y.,  142,  ed.  of  1820. 


acteristic  dccisi(Ui  of  character,  good  sense,  personal 
beauty,  and  warm  allection  for  liach  other.  When 
their  mother  died  in  172li,  the  list  ot  her  descendanttt 
and  family  relatives  present,  which  is  still  preserved, 
is  most  surprising  for  hu  nund)ers,  length  and  promi- 
nent nanu'8.  The  funeral  took  place  in  New  York 
and  was  one  of  the  largest  ever  seen  in  that  city  up 
to  that  day.  Space  will  not  permit  any  mention  of 
its  details  here,  interesting  lu)  they  are. 

Of  these  children  of  Stephiuiiis  van  Cortlandt,  the 
eleven  who  survived  their  Father,  are  thus  tuimed  in 
his  will  in  the  order  of  their  births,  Johannes,  Marga- 
ret, Ann,  Oliver,  Mary,  Philip,  Stephanus,  (lertrude, 
Klizabeth,  Katharine,  and  Cornelia.  With  the  ex- 
ception of  the  devise  (»f  Verplanck's  Point  to  Jo- 
hannes as  being  the  eldest  son,  the  whole  real  estate 
after  the  decease  of  his  wife,  he  divided  among  his 
children  etpially.  It  was  very  large,  for  besides  the 
Manor  of  Cortlandt,  it  included,  lots  and  houses  in 
New  York,  his  share  of  the  great  Patent  above  the 
Highlands,  a  tract  in  Pennsylvania,  and  other  lands 
owned  in  connexion  with  (iulian  Verplanck,  in 
Dutchess  county,  and  some  small  pieces  in  other 
counties.  It  is  only  the  Manor  of  Cortlandt  that 
can  here  be  treated  of.  His  wife  Gertrude  was  made 
"  sole  Executrix,"  and  with  her  as  guardian  of  the 
minor  children,  of  whom  there  were  several,  as  well 
as  of  the  others,  he  appointed  "  my  Brother  Jacobus 
Van  Cortlandt,  my  Brother  [in  law]  Brant  Schuyler, 
and  my  cousin  William  Nicolls,-  to  be  Guardians, 
Tutors,  and  Overseers  over  my  said  children."  The 
personal  and  mixed  estate  including  "  plate  and 
jewels "  was  bequeathed  "to  my  well  beloved  wife 
Gertrude,"  whom  he  charged  with  the  payment  of  all 
debts  and  funeral  charges.  And  to  her  were  also 
given  "  the  full  and  whole  rents,  issues,  and  profits  of 
all  and  every  part  of  my  said  houses,  lands,  mills, 
and  other  such  Estate  whatsoever,  without  giving  or 
rendering  any  inventory  or  account  thereof  to  any 
person  whatsoever."  The  will  was  dated  the  14th  of 
April  1700,  and  was  proved  the  7th  of  January  1701. 
There  was  a  custom  among  the  Dutch  jieople  of  New 
York,  not  to  have  the  will  of  a  deceased  parent 
opened  till  after  the  expiration  of  a  month  from  the 
day  of  the  death,  as  a  token  of  respect.'  Then  it  was 
read  in  a  family  council,  and  immediately  otfered  for 
probate.  This  custom  was  probably  followed  in  this 
case.  The  Witnesses  who  proved  the  will  were, 
Thomas  Wenham,  Rip  Van  Dam,  John  Abeel,  Rich- 
ard Stokes,  and  Andrew  Teller  jr.,  names  familiar  in 
New  York  to-day.' 

The  third  clause,  after  devising  all  his  real  estate 
whatsoever  and  wheresoever  to  his  eleven  children 
above  nameil  their  heirs  and  assigns  respectively, 


'  Son  of  Matlhtu  NlrolI«  the  flret  Knglisli  Secretary  of  the  Province, 
who  had  niarrii'd  Mfh.  Van  Hcntwelncr,  widow  of  thii»  Patroon. 

3  The  writer  haH  p<-i-miiially  known  InHtanccH  <if  tliiH  custom,  which  in 
80Mtc  faniilicfl  liaH  conic  down  to  these  diiya. 

<  Lib.  2  of  Wills,  N.  Y.  Surr.  Off.,  pp.  78-84. 


THE  OllIUlN    AND    lllHTOUV    OF  TllK   MANORS. 


131 


(roiitiiiuefl,  "  and  it  in  my  Hen  ire  iind  A](pointiiu'nt 
that  tlic  Hiiinc  hotiHCH,  IiiikIm,  iind  proiniKOM  be  Kitlicr 
I'^|iiiilly  Divided  iinioiigHt  them  my  Hnitl  childron,  or 
tliat  thi'V  liold  or  enjoy  the  snine  in  Coniinoii  AinoiigNt 
them,  as  my  Haid  chihlren  and  OvcrHeen*  and  (iiiur- 
diaiiH  hereafter  naiiie<l  Hliail  jixlge  and  Ihiniv  inoHt 
ctreetiiall  and  proper  tor  their  lient  advantaj^e,  use, 
and  l)enefit."  The  next  cdauxe  directH  "  tliat  upon  a 
IMvininn  of  my  Maid  hoiiseM,  landx,  niillx,  and  other 
Real  Estate,  my  Sons  acrording  to  their  priority  of 
l>irtli  sliall  liave  the  first  ehoyee,  alv  ;es  allowiii);  to 
the  value  of  those  i)artH  they  shall  choose,  that  the 
respeetive  partys  and  persons  of  my  ehihlren  may  be 
made  Kquall  in  worth  to  one  another." 

The  family  was  a  very  united  one  and  deeply  at- 
taehed  to  the  mother,  who  was  a  woman  of  a  very  af- 
fcetionato,  hut  strong,  and  decided,  character.  She 
never  niarrieil  again,  but  devoted  herself  to  her  chil- 
dren and  their  interests.  Under  these  circumstances, 
very  many  of  the  children  being  minors  at  their 
father's  death,  and  the  above  being  the  provisions  of 
his  will,  it  was  determined,  that  the  Manor  should  )>e 
kei)t  in  connnon  and  not  divided.  Ann,  Mrs.  de 
Lancey,  and  Margaret,  Mrs.  Bayard,  were  the  only 
daughters  married  in  their  father'H  life-time,  the  for- 
mer only  in  the  January,  and  the  latter  only  in 
the  A|)ril,  of  the  same  year,  1700,  in  November 
of  which  he  died.  This  determination  continued 
not  only  during  Mrs.  van  Cortlandt's  life,  which 
terminated  in  1723,  but  up  to  the  year  1730,  when 
it  was  agreed  to  divide  that  i)art  of  the  Manor 
lying  north  of  the  Croton  Kiver.  During  this 
jjeriod  the  population  gradually  increased,  the  rents 
were  applied,  in  p-.t,  to  its  development  in  building 
of  mills,  the  making  of  roads,  and  aiding  those  ten- 
ants who  desired  to  take  up  lands,  The  few  people 
brought  in,  and  improvements  undertaken,  by  Steph- 
anus  van  Cortlandt  between  his  first  purchase  and  his 
death,  were  settled  and  made  in  the  western  i)ortion 
of  the  Manor,  along  the  river,  and  in  its  immediate 
neighbourhood.  Tlie  progress  was  from  west  to  east, 
not  from  east  to  west.  The  access  to  New  York  and 
from  Albany  was  by  water  the  landing  places  being 
at  the  ferry  near  the  Manor  House,  and  near  the 
mouth  of  "John  Peak's  Creek  "  as  well  as  at  a  spot 
south  of  the  latter  in  Ryke's  Patent.  Johannes,  or 
John,  van  Cortlandt  the  eldest  son  of  Stephanus,  had 
i.nirried  Anna  Sophia  van  Schaack  of  Albany,  and 
had  only  one  child  a  daughter  who  became  the  wife 
of  Philii)  Verplanck  son  of  Abraham  Isaacsen  Ver- 
planck  the  first  of  that  name  in  America.  To  her 
was  devised  by  her  Father  at  his  death,  the  Point, 
from  her  husband's  name  called  "  Verplanck's 
Point,"  and  his  one  eleventh  interest  in  the  Manor.' 
Oliver  van  Cortlandt,  the  second  son  of  Stephanus, 


I  Johannes  liua  annietinim  been  called  the  "Second  Lord  of  the  Manor," 
tiitt  tliie  is  an  error  lis  the  jrarsonal  liignity  was  entled  L}-  the  diviiiion 
made  by  Stuplianus  in  his  will. 


died  in  170K,  at  the  age  of  30  years,  a  bachelor,  and 
devised  by  will  dated  the  3d  iKcember,  17(M>,  his  en- 
tire share  of  his  father's  estate  c<|ually  among  hih 
Hurviving  brothers  and  sistersi  and  their  heirs. 

Philip  V(*rplanck  was  a  man  of  good  education, 
good  ability,  and  one  of  the  best  surveyors  in  the 
('olony.  To  him  his  relatives  entrusted  the  survey- 
ing and  division  into  parcels  of  the  whole  Manor. 
How  well  and  thoroughly  he  performed  the  iluty 
his  survey  and  map  renniin  to  attest  to  us  to-day.  The 
original  of  the  latter  disappeared,  at  a  comparatively 
late  day,  but  in  1774,  before  the  American  Uevolu- 
tion,  a  fac-simile  copy  (the  oldest  in  existence,  and 
often  wrongly  called  the  original  Manor  Map)  was 
made  from  it  by  the  well  known  surveyor  of  the 
City  of  New  York  of  that  period.  Evert  Bancker,  and 
is  now  among  the  Van  Wyck  papers  in  the  possession 
of  that  family;  of  which  by  their  permission,  a  re- 
duced copy  accompanies  this  essay.  To  it  are  made 
all  the  references  of  parcels,  lots,  and  owners  herein 
mentioned.  It  speaks  for  itself  of  the  ability  of 
Philip  Verplanck,  who  was  the  same  Philip  Ver- 
planck mentioned  above,  who  sat  for  the  Manor  of 
Cortlandt  in  the  Assembly  of  the  Province  from  1734 
to  17()8,  thirty-four  years. 

This  survey  was  made  in  the  spring  of  1732,  and 
is  dated  the  thirtieth  day  of  May  in  that  year.  The 
Agreement  of  the  children  and  grandchildren  to  make 
a 'division  of  the  estate  was  dated  November  the  13th 
1730.  It  provided  for  a  division  irito  ten  e<|ual  parts 
of  the  estates  of  Stephanus  and  his  son  Oliver,  "and 
to  that  end  all  the  said  parties  with  an  unanimous  as- 
sent and  consent  did  elect  and  choose  Philip  Vcr 
planck,  surveyor,  to  survey  and  lay  out  the  same  into 
thirty  Lotts,  by  virtue  of  which  nomination  and  ap- 
pointment he  the  said  Philip  Verplanck  did  project 
and  lay  out  the  (ireater  part  of  the  lands  and  meadow 
in  the  said  Mannor  into  thirty  Lottj,  shares,  and  al- 
lotments," and  made  a  map  of  the  same,  and  the  said 
parties  "did  further  by  the  assistance  of  the  said  sur- 
veyor, and  Daniel  Purdy  and  Samuel  Purdy,  ap- 
praisers elected  and  chosen  by  all  of  them  for  that 
purpose,  make  a  perfect  dividend,  separation,  and  di- 
vision of  the  said  thirty  Lotts,  shares,  and  allot- 
ments,'" which  several  shares  were  conveyed  to  each 
in  October  1732,  by  partition  deeds  executed  by  all 
the  i)arties  to  each  other  respectively.  This  division 
comprised  onlv  "the  greater  part  of  the  manor 
lands." 

In  173^  under  the  same  articles  of  agreement,  the 
parties  in  interest  made  in  the  same  way,  another  di- 
vision "of  the  other  and  remaining  part  of  the  lands 
aforesaid,"  into  ten  lot.-i,  and  <luly  executed  to  e.acli 
other  similar  deeds  of  partition  dated  November  1st, 
1733.  These  two  divisions,  however,  were  confined 
to  lands  north  of  the  Croton  river  about  which  there 
was  no  dispute.   There  were  some  lands  of  the  manor 

-  RvcitttlB  I'roui  our  of  the  Dt'cds  of  partition  to  cue  of  the  hein. 


18S 


lllSTOKY  OF  WEaTCHKSTEU  COUNTY. 


wliicli  hitil  Ix'fii  t;ii('ri)itclic<l  upon,  otIiorM  (hut  liiul 
Itet-ii  i-iiturt'ii  upon  l)y  "  HijUitttcrH  "  wlio  retniiicd  poH- 
nesMioii  in  npitn  of  the  owners,  and  othiTH  aguin  ad- 
joining a*IJHi't>n(   iraclH  and    patento,  in   which  tlie 
boundary  linoit  wen-    conti'Htfd.       The««   liad   liccti 
oinilted  xputulicaily  t'roin  Ihu  (irat  two  DiviitionH  on 
thfHf  ai'coiintH,  and  had  continued  to  be  held  tm  un- 
divide<l  landM  ol'lhc  Manor.    Some  of  tlieHeijUeHtiouH 
iui>'  been  settled  and  others  not,  whih^  the  lands  were 
held  in  this  nninner.    .Mlenxlh,  to  settle  all  <|ueMtionN 
aiiHolutely,  and  to  ett'ect  a  final  division  of  these  un- 
divided lands  and  those  Houth  of  the  (,'roton  river,  a  j 
Hpucial  a);reen\ent  was  entered  into  by  all  of  the  heirs  '■ 
as  they  stood,  in  \1M,  in  virtue  of  which  a  final  dis-  ; 
position  and  distribution  of  the  lands  was  eli'ected,  | 
with  some  small  exceptions.  | 

At  the  first  two  divisions,  tlie  ten  heirs  who  made  • 
them  were  tliese  persons : — 

1.  Philip  Veri)lanck,  in  ri^ht  of  Oertrude  his  wife. 

2.  Samuel  IJayard,  in  riffht  of  Margaret  his  wife. 

3.  Stephen  de  I,ancey,  in  rij^htof  Ann  his  wife. 

4.  Philip  V^in  ('ortlandt,  of  the  Manor. 

5.  Stephen  Van  ('ortlandt,  of  Second  River,  N.  ,1. 

fi.  John   Miln,  M.I).,  in  right  of  Mary,  (widow  of 
Kilian  Van  Rensselaer)  hia  wife. 

7.  Ffenry  Heekman,  and  (iertrude,  hia  wife. 

8.  William  Skinner,  in  right  of  Klizabeth  hia  wife. 
!>.  Andrew  Johnston,  in  rifj,bt  of  Oatherine  his  wife. 

10.  .Fohn  Schuyler,  Jr.,  in  right  of  Cornelia  his  wife. 

During  the  twenty  years  which  elapsed  between 
17!W,  and  the  execution  of  the  agreement  for  the 
division  of  1 75;i,  changes  by  death  had  occurred,  so 
that  the  heirs  who  joined  in  the  latter  were  as 
follows : 

1.  Stephen  Van  Cortlandt  (of  Second  River,  N.  J.). 

2.  John  Miln,  widower. 

.3.  Henry  Beeknuui  and  Gertrude  hia  wife. 

4.  William  Skinner  and  Elizabeth  hia  wife. 

f>.  Andrew  Johnston,  widower, 

(i.  Cornelia  Schuyler,  widow. 

7.  Stephen  Bayard,  Nicholas  Bayard, Samuel  Bayard, 

sons,  and  Peter  Kemble,  son-in-law,  James  Van 
Home,  son-in-law,  and  Nicholas  Van  l)«m  and 
William  Cockroft  and  Margaret  hia  wife,  grand 
children  of  Samuel  and  Margaret  Van  C.  Bay- 
ard deceaaed. 

8.  The  Honorable  Jamea  de  Lancey,  of  New  York, 

Peter  de  Lancey,  of  Weatchester,  Oliver  de  Lan- 
cey of  New  York,  Susannah  Warren,  widow  of 
Sir  Peter  Warren,  K.B.,  Admiral  John  Watta 
and  Ann  hia  wife,  children  of  Stephen  and  Ann 
Van  C.  de  Lancey  deceaaed. 

9.  Stephen  Van  Cortlandt,  Junr.,  and  Pierre  Van 

Cortlandt,  of  the  Manor,  children  of  Philip  Van 
Cortlandt,  dec''. 

10.  Philip  Verplanck  and  Gertrude  hia  wife. 

The  method  of  the  division  of  lltiS  wa«  a  little  dif- 
ferent from  that  of  the  former  ones.     All  the  persons 


last  above  named  in  whom  the  undivided  lands  had 
veste<l  in  17')<'<,  by  lease  and  reltuiae,  the  latter  dated 
the  14th  of  l)ecend)er  in  that  year,  conveyed  them  to 
Oliver  de  Lancey,  .1'  ''ii  Watts,  and  .lohn  Van  Cort- 
landt, in  trust,  to  ^  >-  all  <lisputes  as  to  encroach- 
ments and  trespiiHni.'i  on  the  lands,  (hither  by  eject- 
ment, or  arbitration,  as  they  saw  lit ;  and  all  as  to 
boundaries  in  the  same  way,  and  when  the  lands 
were  recovered  to  sell  the  same  and  divide  the  jiro- 
ceeds  among  the  heirs;  and  in  case  of  all  undis- 
puted lands  M  have  the  same  Burveyeil  and  divided 
e(|ually  among  all  the  parties. 

These  <lelailsof  ihesi-  partitions  and  divisions  have 
been  taken  from  recitals  in  original  dcrds  in  ]mis- 
session  of  the  Van  Cortlandt,  Van  Wyck,  and  Kem- 
ble, families,  and  papers  and  documents  in  tlie 
writers  own  possession.  In  the  Secretary  of  State's 
oflice  in  Albany,  and  in  the  Westchester  (!onnty 
Register's  oflice,  at  White  Plains  many  of  the  orig- 
inal deeds  may  be  I'oimd  on  record.  The  original 
release  of  17'ii{,  last  mentioned,  is  among  the  Van 
Wyck  papers  in  the  possessiftn  f)f  that  family. 

The  lands  north  of  the  Croton  River  were  divided 
into  two  rangct  called  north  and  south  "Cireat 
Lots  "  of  the  same  Arabic  numbers,  from  1  to  10. 
Those  north  of  the  (!roton  but  fronting  (»n  the  Hud- 
son River  were  called  "  Front  lots"  an<l  were  also 
numbered  from  1  to  10.  Number  11,  was  the  tract 
on  the  west  side  of  the  Hudson.  The  lots  south  of 
the  Croton  were  also  numbered  in  the  same  way,  and 
called  "Lots  South  of  Crotfin." 

The  fourth  clause  of  the  Will  of  Stc]>hanns  Van 
Cortlandt  directed  that  when  a  division  was  decided 
upon  it  should  be  as  followa  :  "  Item.  It  is  my  will 
and  appointment  and  Direction  that  upon  a  division 
of  my  a'"  houaea,  lands,  and  mills,  and  other  Real  Es- 
tate my  sons  according  to  their  priority  of  birth  shall 
have  the  first  choyce,  alwayea  allowing  to  the  value 
of  those  parts  they  shall  chooao  that  the  respective 
partiea  and  persons  of  my  children  may  be  made 
Equall  in  worth  one  to  another."  Nothing  is  said 
as  to  how  the  dauglitera'  ahares  should  be  chosen, 
which  presumably  was  to  be  in  the  ordinary  way, 
that  is  by  lot.  It  is  believed  that  when  the  first  two 
divisions  were  made  the  sons  first  chose  their  parcels 
in  the  order  of  their  births,  and  that  the  daughters 
drew  lots  for  the  remainder.  But  in  whatever  way 
these  two  divisions  were  made,  the  result  was,  that 
the  foUowing  lots  fell  to  the  following  named  child- 
ren— 

To  Philip  Verplanck,  Nos.  two,  and  three  of  theSouth 
lots  north  of  Croton,  and  No. 
two  of  the  "'Front  Lots"  on 
the  Hnd.son. 

To  Samuel  and  Margaret  Bayard,  North  lot  No. 
three  and  South  lot  no.  nine, 
North  of  Croton,  and  No.  seven 
of  the  Front  lots  on  the  Hud- 
son. 


THE  OKIOIN   AND  HIHTORy   OF  THE   MANUilH. 


133 


To  Htepheii  ilelianccy,  North  lot  No.  ten,  Hinl  Houtli 
lot  No  r>,  iiorlli  of  Crotoii,  iiiid 
Front  lot  No.  six,  on  the  Hiid- 
Hon. 
To  I'hilip  Van  C'ortlan<lt,  north  lot  No.  nix  andHonth 
lot  No.  <in«',   north   of  (Jroton, 
and  Front  lot  No.  one  on  the 
HuilHon. 
To  Stephen  Van  CJortlandl,  Honth  lottt  Nom.  hIx  and 
seven,    North    of  (!roton,   and 
Front  lot  No.  tun  the  iluilHon. 
To  John  Miln,'  North  lots  Nom.  two  and  eight  North 
of   (Jroton    and    Frcnit  lot   No. 
live  on  the  lindHon. 
To   Gertrude   Beekman,    wife  of    Henry    Heeknian, 
North  lot  No.  three,  and  tSouth 
lot  No.  eight,  North  of  Croton, 
and    Front   lot  No.    10  on  the 
IlnilHon. 
To  William  Skinner,  Houth   lota  Nob.  fonr  and  ten 
north  of  Croton  and  Front  lot 
No.  three  on  the  Hudson. 
To  Andrew  Johnston,  North  lot  Nunihef  one  and 
Front  lot  Nuinher  nine  on  the 
IIudHon. 
To  John  Sehnylcr  jr,  North  lots  Nos.  four  and  nine 
north  of  Croton,  and  Front  lot 
No.  nine  on  the  Hudson. 
It  is  easy  to  see,  from  the  choice  of  the  sons  in  this 
division  and  the  extra  valu(>  that  must  have  been  put 
upon  the    lots   which   fell  to  Andrew  JohuHton,   to 
e(|ualize,  that,  the  lota  on  and  nearest  the  Hudson 
were  then  deemed  the  most  valuable  and  desirable. 

When  Verplanck's  Map  was  made  the  ten  lots 
South  of  the  Croton,  shown  in  it  were  not  included 
in  the  "  thirty  lots  "  divided  in  the  iirst  two  divisions 
of  1732  and  1733.  Consequently  no  names  of  owners 
appear  on  them.  They  were  however  subswiuently 
divided,  later  among  the  hei.s  by  the  same  method, 
and  they  fell  to  the  following  persons : 
To  Philip  van  Cortlandt,  No.  one  South  of  Croton 
"  Andrew  Johnston,         "    two         "  " 

"  Stephen  Rayard'  ''    three       "  " 

"  Stephen  van  C(?rtlandt,"     four         "  " 

"  Philip  Verplanck,        "    five 
"  Philip  Schuyler'  "    six 

"  William  Skinner,  "    seven      " 

"  Henry  Beekman,  "    eight       "  " 

"  Stephen  de  Lancey,      "    nine        "  " 

"  John  Miln,  "    ten         "  "  • 

After  the  first  two  divisions  there  was  a  little 
changing  among  the  heirs  of  their  lots,  either  by  ex- 

1  Tbia  la  t)ie  correct  name.  It  haa  been  apelled  Meliii,  anil  MIlin,  In 
•omo  pap«ni  and  ina|M.  Uo  was  a  pbyaiclun  uf  Aliiany,  N.  Y.,  and  mar- 
ried Maria,  or  Murjr,  van  C,  the  widow  of  Klllau  van  Banaolaar,  tliu 
I'atroon  of  hU  day,  and  tint  Loi-d  of  UeniiKelaeniburgh  lu  ii  Mntvir. 

s  For  himself  and  the  other  children  >4  IiIh  ututher  Mnrfj^uret  bayanl. 

^  For  hiniaelf  and  the  other  children  ul  hia  mother  Cornelia  Hchuyler, 

*  From  •  M8S.  ttiktaiueut  in  the  Van  Wyck  papera. 


change,  or  by  purchase.  Kxactly  what  their  arrange- 
mento  were  in  all  cases  it  is  now  tllHiciilt  to  say.  One 
change,  which  will  illustrate  this  matter,  was  nutde 
between  Mr.  <le  I/ancey  and  Mr.  Schuyler,  and  Mr. 
Miln,  by  which  the  latter  two  transferred  to  the  former, 
North  lot  No.  Nine  North  of  ( 'roton  adjoining  North 
lot  No.  ten  and  about  two  thirds  of  North  lot  No.  8  ad- 
joining No.  9,  to  the  West  which  fell  to  Mr.  de  Lancey. 
These  two  and  two-third  lots,  together,  coniprise 
about  nine-tenths  of  the  present  township  of  North 
Salem  and  extended  from  the  <dd  Colony  line  to  the 
main  (Jroton  River,  embracing  the  beautiful  valley  of 
Titicus,  the  easternmost  branch  of  the  ('roton.  Mr. 
de  Lancey  died  in  1741,  and  under  his  will  aixl  the 
division  of  his  Kslateamong  his  children,  twoof  these 
lots  became  the  property  of  his  eldest  son  .fames,  then 
the  Chief  .Fustice  of  the  Province.  In  1744  the  lat- 
ter conveyed  them,  as  a  gift,  to  his  second  son  Steph-. 
en.  Stephen  a  few  years  later  began  their  settlement, 
and  brought  in  many  farmers,  and  some  mechanics. 
The  whole  tract  was  laid  out  into  farms  rectangular 
in  shape  of  two  hun<lrcd  acres  each,  as  a  rule.  These 
were  leased  for  long  terms  of  years,  at  low  rents,  the 
highest  not  being  more  than  ten  pounds,  and  the 
lowest  about  two  or  three  i)oiinds.  The  rent  rolls  and 
maj)  showed  the  farms,  which  were  all  numbered,  the 
tenants  names,  and  the  rents  ;iayable  by  each,  but 
are  omitted  for  lack  of  space.  It  was  always 
understood,  that  the  tenants  might  buy '' the  s(»il 
right,"  as  the  fee  was  termed,  at  any  time 
the  parties  c<mld  agree  upon  a  price.  In  practice 
however  the  tenants  did  not  begin  to  apply  for  the 
fee  till  about  the  time  of  the  Revolution,  and  then 
but  rarely.  After  that  event,  more  were  .sold  to  appli- 
cants, but  many  farms  continued  in  the  families  of  the 
tenants  till  late  in  this  century.  The  last,  which 
had  descended  to  himself  and  the  widow  of  a  de- 
ceased brother,  the  writer  sold  in  I87r),  after  the 
expiration  of  a  lease  for  ninety-nine  years.  Stephen 
de  Lancey,  the  younger,  the  son  f  James,  likewise 
about  the  year  17()5  built  a  very  large  double  frame 
house  on  the  Titicus  River  and  resided  there  many 
years.  It  is  still  standing,  and,  from  just  after  the 
revolution  was  "  The  Academy  of  North  Salem," 
having  been  sold  for  that  purpose.  It  ^  was  One 
of  the  very  first  established  in  this  State,  and  has 
only  recently  been  discontinued,  under  the  present 
School  policy  of  the  State,  which  has  put  an  end  to 
the  numerous  "Academies"  which  formerly  existed  all 
over  New  York.  Until  late  in  this  century  it  was  the 
largest  building  upon  the  whole  Manor.  These  facts 
are  mentioned  because,  the  same  system  of  leasing  out 
their  lots  in  farms  was  carried  out  by  all  the  other 
owners  of  the  Manor  Lands.  Some  sold  the  fee  of 
their  lands  at  an  early  day  to  relatives  who  thus 
increased  their  holdings.  Others  retained  them. 
The  result  of  this  was,  that  some  portions  of  the  Man- 
ors acquired  in  common  parlance  distinctive  names, 
which  long  continued.    Mrs.  Beekman's  estate  on  the 


184 


inSTOllY  OF  WKSTrnKSTKll  COUNTY. 


iliiilson,  wiw  from  licr  CMiriHtiim  name,  Htyled  "(ler- 
tru(li!wl)oi-i)iij;li,"  tliiit of  Philip  viiii  Cortlandt  "Oort- 
liindtl-owii '■  (now  witli  ad.jucont  landw  ciilled  "The 
town  of  (!ortiiindt,"  and  that  of  Mr.  ('c  [jftnecy,  "  !)(• 
Lanceytown"  now  "The  Town  of  Nortli  f^aieni." 
"  Hanover  "  was  also  a  name  for  part  of  the  prcHcnt 
"  HoniorH"  town. 

The  iiunil)er  of  acres  in  the  HliareB  of  the  rcHpective 
lieirH  and  their  valinition,  in  the  diviNJori  of  17>'<2  and 
\TM\  arc  of  nmcli  interest,  when  the  present  eiior- 
nioiiH  VHliie  of  the  present  townships  forrne<]  out  of 
the  Mimor  is  considered. 

The  contrast  is  almost  incredihlo  notwithstanding; 
th(!  century  and  a  half  which  have  elapsed  since  the 
valuations  were  miulc. 

The  following;  statement  showing  the  numhers  and 
contents  in  acres  of  each  of  the  lots  is  from  Ver- 
planck's  survey  of  May  80  17;t2.  The  (irst  column 
shows  the  numbers  and  areas  of  the  first  or  north 
range  of  (Ireat  Lots  north  of  t]w  ('roton  ;  the  second 
those  of  the  south  nvn>;;o  of  the  Oreaf  IiOt«  north  of 
the  C'roton  ;  and  the  third  those  of  the  Front  lots  on 
the  Hudson. 

North  range  of  the  (treat  Lots  North  of  the 
Croton. 

No.     1,   contents  WXt      acres. 

2 2784 

„        ;t 2!M)4 

„        4,  „  2S(14 

„        •'"',         , 2H11 

„        •!,  „  :il(lK 

„        7 ;{(i!t(i 

„     8 8(;!h; 

„     ;» ;i(i!M; 

„     H» :i27a 

32,887 
South  range  of  Oreat  liOts  north  of  thoOroton. 

No.     1,     contents   222.'>      acres. 

„      2,  „  2!)!»4 

„       !i 2!K)4 

„      4,  „         :5712 

,.      ^  2!)82 

.,      tl 27f.O 

„      7,  , 2000 

„     8,       „      2;m 

„       !» S-WS 

„    10 2.')0r, 

28,706 
I'''ront  lots  on  the  Ifudson. 

No.     I,    contents I2.'').'>      acres. 

„      2,  „         !»:t2 

„      .'!,  „  IKSO 

„      4.  , 1447 

•  „      ^  „         1220 

„      «,  .,         1720 


No.    7,    contents 1027      acres. 

„       «,  „  808 

„       !»,  , 1238 

„     H> 2704 

14,!t.'i3 
Recapitulation. 

(ireat  North  lol« .'{2,887     acres. 

„      South  lots 2«,70r. 

Fnmt  Lot.s  on  Hudson 14,l{;i.S        ,, 

Total  in  the  IJivisioimof  17.'{2 

and  17:W 7r),08.5 

Lots  South  of  Croton 7,128 

8.'{,li;{ 

Lands  in  Poundridge 3000        ,, 

Parson's Pointonthe  Hud8(>n        100 


Total  east  of  the  Hudson...      80,213 
'Tract  on  West  side  of  the 

yuiison inoo 

Total  number  of  acres  in  the 

whole  Manor 87,713        „ 

The  areas  and  valuations  of  the  shares  of  each  of 
the  heirs  named  above  in  the  divisions  of  1732-3  are 
thus  stated  in  an  "  Estimate  of  the  X'alue  in  the 
Manor  of  Cortlandt,  1733."'^ 

Niuiiea.  Aorai,  Viiliio  hi  ihmiiiiIh. 

P.  Ver|>lanck 932 2ir). 

2995 34.5. 

2904 413. 

6981  £973. 

Margaret  Bayard 1027 

wife  of  Samuel  Bayard 281 1 

8.500 

7.'{98  £»48.» 

Stephen  l)e  I^ancey 1172 234. 

3273 210. 

2932 r>.5.5. 

7377       £999. 

Philip  Van  (.'ortlandt 1255 300. 

2225 195. 

3IG8 480. 

0048       £975. 

Stephen  Van  Cortlandt, 1474 214. 

2700 883. 

2600 375. 

6894       £972. 


>  Tliln  In  not  In  Verplniick'H  nnrvi'y,  liiit  Ih  adilint  im  an  I'Htlninln  ft'cini 
till'  lieKt  iiirnriiiiitliin  llin  writer  i  iiiilil  olitiiiii. 

«Fniiii  tlir  MS.  Ill  tliii  Vnii  Wyck  |i»|Hini. 

1  Tlio  miHinitn  viiltHm  of  riirli  of  tlmie  tliroo  lotn  iin*  oiiiJttMl  In  tha 
(iI'IkIiikI,  IIiiiiikIi  llin  totui  In  kIvoii  ;  ovIilKiitly  iin  ai'ililiiiital  urnir. 


THK  ORKJIN  AND  HISTOHY  OF  THK  MANOIJS. 


1:15 


.rohii  Miln 


Ocrtrudc  Hei'kmaii. 


Williiiin  irtkiniu'r. 


Arnw.  Vkluv  In  ihjuihIh. 

..1234 '2;iS. 

2784 ;«K). 

;tti!M) 4.'iO. 

7714                  ,t:<J88. 
..27(14 210. 

2!M»4 rm. 

2;v,ii io«. 

80(J2  .£!)12. 

..18H(i 120. 

;{712 (17.5. 

•>Mr> isti. 


SKiU  £!»r)l. 

Aiuiri'w  .lohiiHtDii 40i(r» H;i!). 

1233 240. 

\mm 810. 

<;023  ,£88». 

Joliti  Sihuyk'r,.jr 808 218. 

28(10 rtlf). 

'Mm 22.'). 

73(i4  eioi;\ 

Ucuupilululioii. 

AiiiotiiitN  ill  N.  Y. 
Niitnt't*.  .ViTi'i.  Cnrn'lii-y. 

l'l;ili|.  Vcriiliiiick (;S31 £  073. 

.MnrKiiii't  Kiiyiinl 73W £  048. 

Stcpiu'ii  Do  i.iiiu'V 7377 £  000. 

riiilii)  Vim  ("oillaiiilt ()(i48 £  07.'). 

Sti-plu-n  Villi  Cortlmiilt (1804 £  072. 

John  Mill! 7714 £  088. 

(iiTliu.lf  l?c»'kiiiiui 80(12 £  012. 

Williiun  i^kiiiiiiT 81(i3 £  Ofll. 

Aiulrew  .lolinstoii 0028 £  8,S0. 

JohiiHchiiyliT.jr 7.'i(;4 £1018. 


7f>474' 


£0()2r). 


Tlu'  iiliove  valut'H  nrc  in  New  York  curroncy  in 
ill  which  the  poniui  wiih  e(|iiiil  to  two  dolliirx  and  a 
half  of  United  Stales  ('iiirency.  lleiiee  llie  I'litire 
value  in  money  of  the  7.'),000  aeres  and  iipwanlH,  in 
1733,  when  the  diviHion  ainoiij.;  the  lieii'8  took  pliiee, 
wiM  only  f2.').0()2,  or  iihoiil  :i<2,rillO  per  Hliaru ;  and  an 
iIk^  hiiarew  averaged  7000  acre.s  eaeh,  it  ii*  wen  at  oiiee 
how  extremely  low  wiih  tlic  vidue  of  land  per  acre  in 
New  York  and  in  WeHteheHter  Oiiinly  at  that  lime. 

ThiM  valuation  alwi  in  evidence  of  the  good  HCime 
and  Hoiind  Jutl);meiil  of  Mi'h.  StepliiiPUH  van  C'ortlandl, 
thi)  Holc  executrix  of  her  huHhand'H  will,  uiid  of  Wil- 

I'l'liiH  nniiiiiiit  Im  511  Hi'ivn  Iifm  llmii  tilt*  totiil  ncrPHKi>  of  llui  mnio 
j.ilH  |(7ri,1iH,''i  ii.Ti^H)  III  Vi>t'|>liinrk'M  NiirvHy,  |irliiti'il  iiliovr.  Ah  llio  MH. 
froiii  wriiii'li  (hUltiKl  NlHl'Miii'lit  *H  tiiki-li  In  n  ronuh  i)nt>  tiii.l  iiiimIkiii>iI,  it  In 
lU'dlHiblu  tliiit  iliutitlior  iiiiulu  IIiIb  I'l'ior.  hiiU  tbiit  tliu  aiirvoy  !■  curroct. 


liain  NicollH,  JacohuH  van  ('ortlandt,  and  lirandt 
Schuyler,  his  relativcH  and  her  iidviHerM  under  (lie 
.same,  in  deeidin^  to  hold,  and  ii<it  divide  ii|i,  the 
Manor,  hooii  after  Mr.  van  Cortlaiidt'M  dealli.  It 
likewiHe  provcH  conclursively  the  little  actual  value, 
the  enormoUB  New  York  Manors  and  (Irciit  ratentM 
really  had  at  the  period  they  were  erected  and 
)(ranleil. 

When  the  Manor  was  divided  into  towimhips  by 
I  the  Act  of  178S,  there  were  carved  out  of  it  four 
j  entire  TowiiMhips,  '('ortlandt,"  Yorktown,' '  Htephen- 
I  town,'  (now  clianf;ed  to 'iSonierH'),  'Salem,'  and  ahoiit 
one-third  of  a  liftli,  '  I'oiindridne.'  '  Salem  wim  hiiIj- 
ne(|ueiitly  in  1700  diviiled,  into  '  North  Salein'  and 
'  South  Salem,'  the  name  of  the  latter  hein^  changed 
ill  1840  to  LewiMhoroiigh.  So  that  live  of  the  old 
towimliipH  and  alioiit  a  third  of  a  tiixtli,  were  formed 
out  of  the  Manor  of  Cortlantlt.  The  followinx  lali- 
iiliir  statciueiiti)  of  the  valuation  of  the  land  in  thetie 
five  and  one-third  townxhipH,  in  1820  and  in  I87''>. 
the  former  about  a  century  and  the  latter  about 
a  century  and  a  half,  after  the  valuation  of  the 
.Vltinor  as  a  whole  in  1732-33  above  given,  hIiow  in 
the  luost  Htrikiiig  manner  the  tremeiidoiiH  increase  in 
value  of  the  Manor  b(!tweeii  the  time  of  il.s  diviHion 
among  the  ten  heirnof  StephanuH  van  C^ortlandtand 
Mic  present  day. ' 

Valiiiiliiiii  »/  1820.-' 

Townnhip  of  ("ortlandt *.'')0.'),80| 

of  Yorktown 400,101 

"         of  Somers 4.")0.0t.i 

"         of  North  Salem, 244,(i()r) 

of  .Siiith  Salem, 2!l2,.''i7  I 

of  I'oundridge,  k ,^)."),4  10 

*2,048,H20 
Vttliiitlidii  iif  187"i.  ' 

Township  of  Cordandl, *4,31(;,l.'")0 

"   Vorklowii, I,2r)8,(ill 

"  SomerH 1,402,108 

"   North  Salem, I,l23,r)(l() 

"  "   lA'wi.sboroiigli,' !tr)2,l3') 

"  I'oiiiidridge,  :\ 114,202 


*0,1()7,(I37 

It  iiiiiHt  be  borne  in    mind,  however  in   eoiiiparing 

lliene  lablcH  of  1820  and    I87ri,  Hint  (be   valiiiili f 

1732-3   embraced  only    the  divinionH   of   those  years 

«  II  Ih  kIVHII.V  Im  I.i'  IVKi'i'lli'il  Hull  il  IKIII)'  ni|lllll.Mi'   nliolll  III.'   |H>lill.nl 

|)Uli-i>iitif;i.  Ill  llii>  tiikiiiu  of  II,  Mltoiilil  liiiYi'  iiri'v.'iilc.l  IIm<  tiikinK  .it  iiiiy 
Stall' ('..IIK1IH  III  IKN.''.,  M.  (lull  u  <'i>iii|>iii'Im()|i  "I'  vuhi.'M  ii|i  til  Mint  y.'iir 
i-iiiilil  Ikivi'  Iii'i'II  lirrii  kIvi'Ii.     II  Ih,  |>.'rlitit>H,  luir  In  wi^.  IIku,  tiikiiiK  oim' 

I.IWII  Willi  lUlolluT,  lill  ll.l.llllnll  .il'  ti'll  p.'t'  -mil.  Ill  III.'  IIkui'.'N  .)l'  llll' 
c.'tiHim  i.f  IH7ri  miiilil  I*.'  alxiiit  llif  a.'liial  viiIiik  In  IHM,^. 

'■'  l''nHii  llii>  Talili'  a|.i«'Mil.'il  1.1  Wi'Hli'li.'Hl.'i-  rmiiily,  In  lli.'  kiciiI  Allan 
i.r  till'  I'.iiililli'H  ur  Ni'W  Vi'i'k.  i'iilii|ill('il  li.v  till'  I'l'li'hriili'.l  Hllili'.ili  III' 
will,  iiii.li'r  an  All  III'  llii'  l.i'Kinlulini',  In  ll<:".i  ami  |iiilillnlii'.l  al  lllnna, 
N.  v.,  hy  Davl.l  II.  Iliiii.  TIiIh  Ih  IIii'  iinmt  aiillnntii'  Allan  .if  N.'W 
v. Ilk  iliat  I'xiflH.  anil  Ih  now  rari'. 

<  Kliini  llii'  .Mlali'  C'liHiiH  iif  IHV.'i,  Talil. IIH. 

'  Fui'iiiiirly  Siiiitli  Siiliiii. 


1S6 


HISTORY  OF  WKSTCHKSTKR  COITNTY. 


among  the  heirs,  while  the  valuation  of  the  Townships 
enibra<'e  in  addition  the  lands  subsequently  divided 
among  the  lieirs  in  1763,  and  a  small  portion  of  lands 
then  Icftundividcd,  as  mentioned  above  ;  and  also  that 
in  North  Salem  and  Lewisborough  the  "  Oblong"  lands 
are  included  in  their  respective  valuations,  which 
were  never  a  part  of  the  Manor.  But  allowing  for 
these  corrections,  they  are  sufficient  to  show  the 
great  increase  of  value  in  a  century,  and  a  century 
and  a  half,  of  the  lands  forming  the  Manor  of  Cort- 
landt. 

Precisely  which  of  the  great  lots  of  the  Manor, 
were  embraced  within  the  limits  of  each  of  the  five 
Townships,  and  one-third,  which  were  carved  out  of 
it,  is  a  matter  of  interest,  to  the  antiipiarian  at  least, 
at  this  day.  The  following  statement  of  the  areas  of 
the  respective  townships  in  Great  Lots  and  Acres,  is 
taken  from  a  MS.  among  the  Van  Wyck  papers,  un- 
dated, but  drawn  up,  as  appears  by  an  indorsement, 
relative  to  the  calculation  the  payment  of  the  quit 
rents.  It  bears  no  signature,  and  was  probably  made 
up  as  a  basis  for  their  commutation,  sometime,  within 
the  first  twenty-five  years  of  this  century.  As  will 
be  seen  by  the  footing  at  the  end,  the  gross  number 
of  acres  somewhat  exceeds  the  figures  of  the  gross 
number  by  Verplanck's  survey  as  stated  above. 
Without  attempting  to  explain  tiiis  discrepancy  the 
statement  is  given  as  in  the  original,  because  it  shows 
clearly  which  great  lots  of  the  old  Manor  were  em- 
braced in  each  Township,  carved  out  of  it,  and  the 
amount  of  the  (juit  rent  due  for  each  Township  at  the 
time  the  statement  was  prepared,  whenever  that  was. 

Town  of  Cortlandt. 

Acres. 

All  the  Front  hots 14,!«3 

South  Lot  No.  1 2,225 

North  Lot  No.  1 4,01tr) 

No.  1,  South  of  Croton 562 

No.  2,  South  of  Croton 58() 

J  of  No.  3 300 

Tellers  Point 300 

Parsonage  Point 100 

Ph.  V.  Planck  (Verplancks  Point) !I15 


23,4  Hi 
Yorktnwn. 

N.  Lot  No.  2 2,784 

N.  Lot  No.  3 2,908 

N.  Lot  No.  4 2,8(;4 

S.  Lot  No.  2 2,!H»5 

S.  Lot  No.  3 2,!K)4 

8.  Lot  No.  4 3,712 

All  the  Lots  South  of  Croton  Kiver 7,128 

2i  Lots  taken  off  for  Cortlandt  Town 1,484 

fi,fi44 


23,811 


SomerB    Town. 

Acres. 

N.  Lot  No.  5 2,811 

N.  Lot  No.  () : 3,lfi8 

N.  Lot  No.  7 3,«!t6 

About  a  third  of  N.  Lot  No.  8 1,232 

S.  Lot  No.  5 2,982 

S.  Lot  No.  6 2,760 

Half  of  S.  Lot  No.  7 1,330 

17,979 
North  Sa/em. 

ii  of  N.  Lot  No.  8 2,464 

N.  Lot  No.  9 3,6f»6 

N.  Lot  No.  10 3,273 

9,433 
S(julh  S(i/em. 

J  of  S.  Lot  No.  7 1,330 

S.  Lot  No.  It 3,6!t6 

S.  Lot  No.  10 3,273 

9,433 
Poiindridt/e,  Stone  Hills. ' 

About 3,000 

Town  of  Corlhindt 23,416 

Yorktown 23.811 

Somerstown 17,979 

North  Salem 9,433 

South  Salem 9,857 

Poundridge,  Stone  Hills 3,000 


87,49(1 
Recapitulation. 

Share  of 
Acres.  quit  rent. 

Town  of  Cortlandt 23,416 $137.00 

Yorktown 23,811 138.00 

SomersTown 17,979 103.00 

North  Salem 9,433 54.(X} 

South  Salem 9,857 57.00 

Poundridge.Stone  Hills..  3,000 17.00 

1506.00 

Philip  von  Cortlandt  the  third  son  of  Stephanus, 
born  the  9th  of  August  1683,  was  a  man  of  clear  head, 
of  good  abilities,  and  possessed  of  great  decision  of 
character.  He  was  a  merchant  in  New  Amsterdam, 
and  like  his  father  took  an  active  part  in  public 
affairs.  In  June  1729  he  was  recommended  to  the 
King  for  appoiri»ment  as  a  Councillor  of  the  Province 
by  Cioveriior  Montgomeric  in  place  of  Lewis  Morris 
jr.  The  appointment  was  made  the  3d  of  Febriniry 
1730,  he  U)ok  his  seat  in  April  of  the  same  year,  and 
continued  in  the  Council  until  his  death  on  the  2l8t 
of  August  1746,  when   he  was  succeeded  by  Kdward 

>  Thia  i>  th6  common  niuue  of  the  uortharu  part  of  Ibii  Towa. 


THE  ORIGIN  AND  HISTORY  OF  THE  MANORS. 


137 


Hollund  through  the  roconiineiulation  of  Governor 
Clinton.  He  wiw  ii  prominent  member  of  the  Com- 
mission on  the  part  of  New  York,  in  the  case  of  the 
CoU)ny  of  Connecticut  and  the  Mohegan  Indiana. 
His  wife  wuaCatliarine  daughter  of  Abraham  de  I'eyster 
to  whom  he  was  married  in  1710. '  He  left  him  sur- 
viving, si.K  children,  five  sons  and  one  daughter, 
Catharine,  who  was  killed  by  tlie  bursting  of  a  can- 
non on  the  Battery  while  watching  the  firing  of  a 
salute  in  lionor  of  the  King's  birth  day  June  4th 
1738,  in  her  13th  year.  By  the  death  of  his  elder 
brothers,  Johannes  who  left  only  a  daughter,  Ger- 
trude, the  wife  of  Philip  Verplanck,  and  Olofl',  or 
Oliver,  who  died  a  bachelor,  Philip  became  the  head 
of  the  Van  Cortlandt  family.  His  five  sons  were 
Stephen,  Abraham,  I'hilip,  John,  and  Pierre.  Of  the 
five,  Abraham,  Philip,  and  John,  all  died  unmarried, 
eplien  the  eldest  who  succeeded  his  father  as  the 
.  .ad  of  the  family,  was  born  the  2(ith  of  October 
1710,  married,  in  1738,  Mary  Walton  Ricketts,  and 
died  the  17th  of  October  175(),  leaving  two  sons 
Philij)  and  William  Ricketts,  Van  Cortlandt.  Philip 
the  elder,  the  fourth  head  of  the  family  born  lOtli 
November  1739,  preferring  a  military  life,  entered 
the  British  Army,  in  which  he  served  many  years, 
dying  on  the  Ist  of  May,  1814,  in  his  75th  year. 
He  is  buried  in  Hailsham  Church  where  a  mural 
monument  is  erected  to  his  memory.  He  married  on 
Aug  2d,  17(52,  Catharine,  daughter  of  Jacob  Ogden  of 
New  Jersey.  Tliey  had  the  large  number  of  23 
children  (several  being  twins)  of  whom  twelve  lived 
to  grow  up,  five  being  sons  and  seven  daughters.  The 
f'ormerall  became  otlicers  in  the  British  Regular  Army. 
'I'liey  were 


1.  Philip 

2.  and 


Stephen  )  twins,  b,  30  July  17G(i,  iiic  latter 
died  young,  the  former  married 
Mary  Addison  and  died,  having 
had  one  son,  George  W.,  who  died 
young. 

3.  Jacob  Ogden  vou  Cortlandt,  Captain  23d  Fusiliers, 

killed  in  Spain  in   1811,   leaving 
issue. 

4.  Henry  Clinton   van   Cortlandt,  Lt.  Col.  Slst  Foot, 

died  a  bachelor. 
T).  Arthur  Auchumty  van  Cortland,  Ca|)t.  45th  Foot 
died  a  bachelor  in  India. 

The  daughters  were,  1.  Mary  Ricketts,  married  John 
M.  Anderson;  2.  Elizabeth,  nnirried  William  Taylor, 
Lord  Chief  Justice  of  Jamaica,  and  left  one  son.  Col- 
onel Pringle  Taylor  of  Pennington ;  3.  Catharine, 
twin  with  Mrs.  Taylor,  married  Ur.  William  Ctourlay 
of  Kincraig  Scotland;  4.  Margaret  Hughes,  married 
O.  Elliott-Elliott  of  Berkshire  and  died  without  isisue  ; 

5.  Gertrude  married,  Admiral  .Sir  Edward  Buller  and 
left    isauti ; '  6.  Sarah  Ogden    van  Cortlandt,    died 

M'nI.  niHl.  N.  Y.  V,  iiml  VI. 

^  Lady  IhiHur'H  only  lurviviug  duughtvr,  Auua  Muriti,  marriuU,  2dUi  uf 
11 


single;  7.  Charlotte,  marrie<l  Gen.  Sir  John  Fraser; 
8.  Sophia  married  Sir  Wm.  Howe  Mulcaster  R.  N. 

The  second  son  of  Philip,  William  Ricketts  van 
Cortlandt,  born  the  12th  of  March  1742,  married 
Elizabeth  Kortright,  and  had  two  sons,  the  eldest  of 
his  own  name,  who  married  Isl  Miss  Stevens,  and 
2ndly  Miss  Cornell,  and  Philip,  who  married  Mary 
Bunker,  and  one  daughter  Eliza,  uuirried  to  her  cousin 
Mr.  William  Ricketta.  Descendants  of  William  Rick- 
etts van  Cortlandt  still  own  and  dwell  upon  |)(>rtions  of 
the  proj)erty  that  fell  to  his  Grandfather  Pliili|>  van 
Cortlandt  at  the  division  of  the  Manor  in  1732-33. 

Pierre  van  Cortlandt,  the  youngest  son  of  Philip 
the  third  son  of  Stephanus,  born  the  10th  of  January 
1721,  and  who  died  the  lat  of  May,  1814,  in  consu- 
(pience  of  the  deaths  in  early  manhood  of  his  brothers 
Abraham,  Philip,  and  John,  unmarried,  and  of  the 
death  in  1756,  of  his  eldest  brother  Stephen,  and  the 
absence  in  the  army  of  his  nephew  Philip,  Stephen's 
eldest  son,  became  early  and  closely  identified  with 
the  affairs  of  the  manor  and  the  interests  of  his  rela- 
tives therein.  Marrying  Joanna  a  daughter  of  Gil- 
bert Livingston  he  naturally  leaned  to  political  side 
of  his  wife's  family  in  the  party  contests  anterior  to 
the  opening  of  the  American  Revolution.  He  was 
the  representative  of  the  Manor  in  the  Colony  As- 
sembly from  17(J8  to  1775,  and  unlike  his  nephew, 
Philip,  the  head  of  the  family,  he  took  the  American 
side  in  the  Revolution.  He  was  a  member  of  the 
Provincial  Convention,  the  Council  of  Safety,  and  the 
Provincial  Congress ;  and  upon  the  organization  ot 
the  State  Government  in  1777,  was  chosen  Lieuten- 
ant Governor  of  New  York,  and  served  as  such 
till  1795.  In  1787  he  was  President  of  the  Con- 
vention which  formed  the  Constitution  of  the  United 
States.  He  had  four  sons  Philip,  Gilbert,  Stei)lien, 
and  Pierre,  and  four  daughters,  Catharine  the  wife  ot 
Theodosius  P.  van  Wyck,  Cornelia,  wife  of  Gerard  G. 
Beeknmn,  Anne  wife  of  Philip  S,  van  Rensselaer,  so 
long  the  Mayor  of  Albany,  at  which  city  she  died  in 
1855  at  the  age  of  89  years,  and  Gertrude  who  died, 
a  child  in  her  eleventh  year  in  December  17(16.  Of 
the  four  sons,  two,  Gilbert,  and  Stephen,  died  in  early 
life  unmarried.  The  eldest  was  the  celebrated  Colo- 
nel Philip  van  Cortlandt  of  the  Revolution,  who  at 
its  close  was  nnide  a  Brigadier  General,  and  died  a 
bachelor  Nov.  21st  1831.  To  him  the  portion  of  the 
Manor  containing  the  Manor  House  descended,  and 
there  he  lived  all  the  latter  part  of  his  life.  Upon 
his  death  it  passed  to  his  youngest  brother  Major- 
Gen'  Pierre  viin  Cortlandt.  The  latt»r  was  born  the 
29th  of  August,  17(i2,  and  died  in  1848.  He  married 
Ist  in  1801,  Catharine,  a  daughter  of  Governor  George 
Clinton,  by  whom  he  had  no  issue,  and  2nd  Anne 
Stevenson,  of  Albany.    He  was  all  his  life  a  resident 


Kt'liniury,  tH24, 1.t.  Col.  Juiiich  Druiuiiioiid  Klpliiiihtoiio,  wlieii  hciwHiiiiH-d 
till'  immi'  iir  Hullrr  ln'rori'  KliililiiatiMiii.  Sliu  ilii'il  UO  Kuli.  iMl.'i,  Ii'uvIiik 
fniir  KoiiH  utiil  fmir  ilaiiglitiTH,  tliL' uMfht  of  which  H:»iirt  Williitrii  lliillur 
Fiilkr  Kliihiimtout.'  It.  N.  U  thu  IStli  uiiil  pruauul  Duron  bliihluutuiie. 


188 


HISTORY  OF  WESTCHESTER  COUNTY. 


of  the  Manor,  and  one  of  the  most  prominent  men  of 
Westchester,  and  its  representative  in  Congress.  By 
hiw  second  wife  lie  had  one  diild,  a  son,  tlie  hite  Cohj- 
nel  Pierre  van  Corthmdt,  who  died  only  on  the 
eleventh  of  July  1884,  leaving  him  surviving,  his 
widow,  Catherine,  eldest  daughter  of  the  late  eminent 
Theodrick  Romeyn  Heck,  M.D.,  of  Albany,  one  son, 
Mr.  James  Stevenson  van  Corthmdt,  and  two  daughters, 
Catharine,  the  wife  of  the  Rev.  John  Rutherfurd 
Mathews,  and  Miss  Anne  Stevenson  van  Cortlandt. 
The  Manor  House  and  adjoining  estate  is  still  the 
home  of  Col.  Pierre  van  Cortlandt's  widow  and  chil- 
dren, having  continued  in  the  family  and  name  of 
Stephanus  van  Cortlandt  since  1083,  a  little  upwards 
of  two  hundred  vears. 

The  necessarily  very  brief  sketches  of  the  van 
Cortlandts  in  this  essay  are  only  intended  as  an  out- 
line, to  show  the  general  descent  of  the  cider  branch 
of  the  van  Cortlandt  family,  the  van  Cortlandts  of 
the  Manor  of  Cortlandt. 

The  nature,  origin,  and  existence  of  the  Quitrent, 
payable  from  the  Crown  granted  lands,  to  the  Colon- 
ial, and,  subsequently,  to  the  State,  Government  of 
New  York,  have  already  been  explained.'  Those  for 
which  the  Manor  of  Cortlandt,  and  all  the  prior 
grants  within  its  limits  were  liable  were  i)aid  at  inter- 
vals, but  in  full,  till  their  (inal  extinction  by  commu- 
tation under  the  acts  of  the  Legislature,  aud  the  ac- 
tion of  the  state  government  of  New  York  as  late  as 
1823. 

In  the  case  of  the  Manor  of  Cortlandt  the  first  pay- 
ments of  its  quitrent,  were  receipted  for  by  the  King- 
Receiver-General  and  Collector,  on  the  back  of  the 
Manor-Grant  itself,  which  has  been  already  described. 
This  course  wiis  unusual  and  was  owing  probably  to 
the  early  death  of  its  first  lord  an.  the  careful  atten- 
tion of  his  widow  and  executrix.  'J  ne  receipts  for  sim- 
ilar payments  being  generally  given  on  sejmrate  pas 
pers.  These  receipts  are  four  in  luunbcr,  and  cover 
from  1(597,  the  date  of  the  Manor  Grant  to  1732, — the 
date  of  the  first  division — thirty-five  years,  and  are  as 
follows : 

1"  Endorsement. 

"Received  this  29th  March  A  D  1716  of  M"  Ger- 

truyd  van-Cortlandt  the  sum  of  Twenty-eight  Pounds, 

Prodammation  monney  in  full  of  Quit-rent  for  the 

Lands  Lying  in  the  within  Patteut,  untill  the  25th 

day  of  this  instant  month  of  March  as  witness  my 

hand 

T.  Byerley  CoW. 

2°*  Endorsement. 

Received  (In  Quality  as  Receiver-Generall  of  this 
province)  this  16  August  1720  of  M"  Gecrtruydt  Van 
Cortlandt  Executrix  of  Stephanus  Van  Cortlandt  de- 
ceased, the  Sum  of  Eight  pounds  proclamation  mon- 
ey. In  full  of  Quitrents  for  all  the  liUnds  Lying 
within  the  Maunor  of  Cortlandt,  to  the  25  of  March 

•  Pttrt  10,  of  thin  iMsay,  mte  pp.  OT,  UO, 


Last  Pursuant  to  the  within  Pattent  as  wittness  my 
hand 

T.  Byerley  Coll'. 

3''  Endorsement. 

Received  of  Phillip  Cortland  Esq'  for  account  oi 
M"  Gecrtruydt  Van  Cortland  two  ])Oun(ls  proe'.  mon- 
ey in  full  for  one  years  (|uitt  rent  to  the  25  of  March 
last  for  the  lands  mentioned  in  the  within  Instru- 
ment.    Wittness  my  hand  this  29  day  of  June  1721 

T.  Byerley  Coll'. 

4"'  Ii^ndorsement. 

Received  of  the  heirs  of  Coll.  Stephanus  Van  Cort- 
landt, by  the  hands  of  Samuell  Bayard  Esq'  Thirty- 
two  pounds  proeln  money  which  together  with  thirty- 
eight  pounds  like  money  Received  by  M'  Byerley  is 
in  full  for  llis  Majestys  ((uitrent  from  June  1697  to 
the  17  of  last  witness  my  hand  Nov'  7"'  1732 

Arch''  Kennedy  Ree'  Gen'. 

Thomas  Byerly  the  Receiver  General  and  Collector 
whose  bold  signature  appears  to  these  receipts,  arrived 
in  New  York  on  the  2!)th  of  .luly  1703,^  and  was  a 
prominent  official  in  New  York  and  New  Jersey,  of 
both  which  Provinces  he  was  of  the  Governor's  Coun- 
cil. He  died  in  1725,  and  was  succeeded  as  Receiver- 
General  in  New  York  by  Archibald  Kennedy,  who 
signs  the  last  of  the  above  receipts,  in  1726. 

Subsequent  to  the  divisions  of  1732-33  among  the 
heirs,  the  (luit  rents  were  ])aid  proportionably  by  the 
different  owners.  During  the  Revolutionary  war  and 
after  it  nothing  seems  to  have  been  paid,  till  the  state 
Comptroller  advertised  to  sell  the  lands  to  pay  the 
arrears  under  a  State  law.  The  following  correspond- 
ence with,  and  memoranda  of,  General  Philip  Van 
Cortlandt  will  show  how  the  ([uit  rents  were  settled. 


Sir 


"  Mamaroneck  November  7,  1815 


In  a  conversation  I  had  with  Judge  Purdy  a  few 
days  since,  I  understood  from  him  that  you  had  gone 
to  Albany  to  ascertain  if  the  (juit-rcnts  now  demand- 
ed for  the  Manor  of  Cortlandt  had  not  already  been 
paid,  if  not  on  what  i)art  of  the  Manor  those  now  de- 
manded were  due,  and  how  the  different  proprietors 
are  to  proceed  in  estimating  their  respective  propor- 
tions. As  I  am  interested  in  a  ])art  of  the  Manor,  I 
will  thank  you  for  any  information  you  can  give  me 
on  this  subject.  I  hope  you  will  excuse  the  trouble  I 
give  you,  and  believe  me.  Sir 

Respectfully  Yours 

J.  P.  dcLancey'' 

General  Philip  Van  Cortlandt. 

Manor  House 

Nov.  29  1815 
Dear  Sir 

On  my  return  from  Albany  I  was  favored  with 
yours  of  the  7th,  and  am  happy  to  inform  you  that 

» IV.  Col.  nirt.,  106C. 

»MS.    Letter.     Mr.    John    Petor  do   Laiicey,  of   Haniaronock,  tho 
writer  of  tliis  letter  uiicceodoil  to  the  uusoUI  portion  of  tlio  Muiior  liiiiJu 


THE  ORIGIN  AND  HISTORY  OP  THE  MANORS. 


139 


I  have  settled  and  paid  up  all  the  Q.  Rent  of  the 
Manor  of  Cortlandt  and  also  commuted  for  all  future 
Q.  R.  in  such  manner  as  not  to  be  obliged  to  call  (m 
any  of  the  Proprietors.  Neither  will  any  tax  be  neces- 
a.ary.  So  that  you  may  Henceforward  rest  perfectly 
contented.  There  remained  some  undivided  land 
which  was  sold  to  accomplish  it. 
I  am  with  great  respect 

Yours 

Ph.  V.  Cortlandt.' 
Mr.  J.  P.  deLanccy 
Mamaroneck. 

The  following  letter  and  certificate  written  by  Gen. 
Philip  Van  Cortlandt  explains  fully  this  matter  of 
the  Quit  Rents. 

"  Tlie  Comptroller  is  requested  as  soon  as  conven- 
ient to  make  out  what  amount  of  Quit  Rent  is  due 
from  the  Manor  of  Cortlandt  Pattent,  wiiich  includes 
in  its  l)()unds,  the  Pattents  granted  to  Stephen  V. 
Cortlandt  for  lands  on  both  sides  of  the  Hudson, 
Dated  March  16,  lOSiJ— John  Knight,  dated  March 
24  1()8()— and  Hugh  McOregory  dated  the  2d  of  April 
1()!)0 — which  became  the  property  of  the  said  Stephen 
Van  Cortlandt,  and  no  Q.  Rent  from  them  is  ex- 
pected to  be  paid  as  by  the  words  expressed  in  the 
said  Mannor  Pattent,  which  is  dated  the  17th  of  June 
l()97,  will  appear. 
"  Of  this  a  part  to  be  sold — see  below. 

"  A  patent  gr.anted  to  Tennis  DeKey  and  others  al- 
tho  within  the  said  Manor  was  not  the  property  of 
Said  Stephen  Cortlandt,  and  is  subject  to  Q.  Rent. 
"  This  waa  mentioned  to  the  Comptroller,  and  it  was 
recpicsted  of  him  to  wait  a  few  days  and  the  money 
should  l)e  paid.  This  the  Comptroller  must  have  for- 
got when  the  same  was  sold  to  Mr.  Lawrence  who  is 
very  willing  to  give  up  the  same  if  agreeable  'o  the 
Comptroller. 

"This  is  to  l)e  paid  and  commuted  for. 

"There  is  anotlier  smiill  Patent  granted  to  Tennis 
Dekey,  Sybout  ITarchie  and  Jacobus  Harchie  which 
is  also  included  in  the  Manor  and  is  subject  to  pay  Q. 
Rent. 

"  Of  this  a  part  to  be  sold. 

"There  is  about  eighty  acres  called  Parson's  Point, 
which  was  left  by  the  Proprietors  of  the  Manor  un- 
divided and  now  is  in  the  possession  of  the  Dutch 
Minister — and  if  sold  a  title  can  be  obtained,  wliicli 
can  not  be  done  without.  Further  information  will 
be  given  by  the  Comi)tr(iller'8. 

Humble  Serv' 

Ph.  V.  Cortlandt." 

"  I  do  hereby  certify  that  it  appears  from  pa])ers  in 
my  possession,  that  when  the  Manor  of  Cortlandt  was 
divided  in  about  the  year  1732 — there  was  lefta  piece 
of  land  said  to  contain   about  eighty,  or  a  hundred 


(tf  hia  bnithor,  Stephen  dn  Liincoy,  in  the  town  (»f  Norlli  Siileni.     The 
hitter  liietl  ill  1705  without  ifWlle. 
'MS.  Letter. 


acres,  which  I  have  always  understood  was  originally 
intended  by  the  Proprietors  for  a  Parsonage,  and 
which  was  not  divided  among  the  Heirs,  altiiwiigh 
they  all  held  an  undivided  right  therein.  After  the 
Ilevolutionary  War  I  obtained  possession  thereof  and 
put  the  Dutch  Reformed  Congregation  in  ]>osse8sion. 
As  they  cannot  obtain  a  complete  tith;  from  the 
Heirs,  I  want  it  sold  for  the  benefit  of  the  said 
church,  or  as  much  thereof  as  will  pay  the  Quit 
Rent  now  due  from  the  said  Manor  of  Cortlandt. 

Ph.  V.  Cortlandt." 

Parson's  Point  is  bounded  on  the  West  and  South 
by  Hudson's  River,  and  on  the  East  and  North  by 
Divided  lands  of  said  Manor  of  Cortlandt." 

At  the  time  of  the  first  divisions  of  the  Manor 
there  were  settlers  upon  all  the  lots  more  or  less.  The 
lots  were  divided  up  into  farms  averaging  250  acres 
in  some  parts  of  the  Manor  and  200  acres  in  others. 

Each  farm  numbered,  and  leased  as  "  Farm  No , 

in  (treat  Lot  No. ,"  and  when  described  the  ten- 
ants name  was  generally  added,  thus  "  and  in  pos- 
session of  so  anil  so."  By  1750,  the  whole  Manor  had 
become  populated,  as  appears  by  the  list  of  farms  and 
tenants  names  in  the  accounts  still  extant  rendered 
to  many  of  the  heirs  and  their  representatives.  A 
very  few  farms  here  and  there  had  been  sold  in  fee. 
About  1770,  as  the  tenants  had  prosjiered  and  their 
families  increased,  they  began  to  acipiire  the  "soil 
right"  as  they  termed  it  by  i)urchase  from  the 
landlords.  The  Revolution  checked  this  movement 
entirely  for  the  time  being,  nor  was  it  till  1787  or  8 
that  it  began  again..  Put  from  tiiat  time  it  progressed 
continually,  so  that  by  1847,  there  were  only  about 
2500  or  300O  acres  of  "'  leased  land,"  exclusive  of  the 
estate  belonging  to  Gen.  Pierre  Van  Cortlandt,  left 
throughout  the  Manor.  Of  this  about  1200  acres 
divided  into  five  farms  .are,  at  this  moment,  still 
held,  in  the  (jreat  Lot,  No.  6,  south  of  Croton,  by 
descendants  of  the  heir  to  whom  that  lot  fell  at  the 
original  division,  In  Nine  cases  out  of  ten  the 
tenants  themselves  acquired  the  fee  of  their  own 
farms.  And  the  result  has  been  that  in  every  town- 
ship in  the  Manor,  very  many  of  the  descendants  of 
the  original  tenaitte  still  live,  as  owners  in  fee,  ui)on 
the  same  lands  which  their  iinccstors  originally  took 
upon  leases,  and  thus  have  beld  them  lor  four,  five, 
iind  sometimes  six  generations. 

In  all  the  townshii)s  there  are  a  few  instances 
where  dishonest  persons  have  by  trick  and  chicanery 
acijuired  farms,  by  a  scries  of  "  stpiattings "  and 
fraudidcn*-  transfers  and  so-called  sales  of  leases.  Rut 
lus  a  body  the  oUl  tenants  dealt  honestly  and  squarely 
with  the  owners. 

Some  of  the  leases  it  may  be  said,  provided  for 
a  ])artial  payment  of  the  rent  fixed,  in  kind,  as  in 
wheat,  in  two  or  four  fat  fowls,  and    in    so  many 


9  Origiiiul  MS. 


tm 


HISTORY  OF  WESTCIIRSTER  COUNTY. 


"  tlays  work  with  carrinjje  and  horHCs,"  meaning;  not 
"  a  oarriafTfi  "  in  our  Hcnse  of  the  word  to-day,  but  a 
day's  work  with  wagon  and  team.  Tliis  latter  was 
"flcn  spoken  and  written  of  as  a  "  day's  riding.'' 
These  were  all  originally  introduced  as  an  easy  way  f(>r 
the  tenants  in  those  times  when  there  was  very  little 
money  in  the  country  to  pay  a  part  of  the  rents  re- 
served in  the  leases,  which  as  a  rule  ran  from  one  or 
two,  to  ten  pounds  a  year,  New  York  currency.  Dur- 
ing the  latter  part  of  the  last  century,  especially 
after  the  Revolution,  the  landlords  and  tenants  made 
between  themselves  a  private  commutation,  in  money, 
for  these  rents  in  kind. 

The  Manor  as  far  aa  the  personal  dignity  of  the 
Lord  of  the  Manor  was  concerned,  ended  with  the 
death  of  Stej)hanu8  Van  Cortlandt  in  Novemberi 
1700.  In  all  other  respects  manorial,  parochial' 
civil,  and  jiolitical,  it  continued  intact,  until  its  final 
termination  by  being  divided  up  into  townships 
under  the  Act  organizing  the  State  into  Townships 
in  1788. 

The  toi)ography  of  the  Manor  is  very  remarkable, 
and  very  beautiful.  The  valley  of  the  Croton  lies  al- 
most whol  y  within  its  limits.  The  northernmost 
branches  of  that  River  rising  in  Putnam  County  and 
the  easternmost,  in  Connecticut,  each  receiving  in  its 
course  many  small  affluents,  meet  near  its  centre,  and 
form  the  main  stream  of  the  Croton,  which  falls  into 
the  Hudson  on  the  south  sideof  the  striking  peninsu- 
la of  Teller's,  or  Croton,  Point.  Five  or  six  small 
streams,  the  largest  of  which,  is  "  John  Peaks  Creek," 
now  Peckskill  (kill  being  the  Dutch  word  for  creek) 
also  fall  into  the  Hudson.  These  streams  form 
deep  sinuous  valleys  between  the  high,  rocky  hills 
through  which  they  force  their  way  to  "  The  Great 
River  of  the  Mountains.  They  take  their  rise  in  the 
range  of  hills  dividing  the  valley  of  the  Croton 
from  that  of  the  Hudson,  which  run  nearly  parallel 
to  the  latter  at  a  distance  to  the  ea«t  of  it  about  three 
or  four  miles.  From  the  eastern  slopes  of  these  hills  to 
the  Connecticut  line  extends  the  valley  of  the  Croton 
proper,  broken  by  lesser  ranges  of  wooded  hills,  and 
high  fertile  ridges,  into  numerous  smaller  valleys, 
through  which  run  perpetually,  clear  and  winding 
streams.  Notwithstanding  this  fair  region  has  been 
the  abode  of  a  numerous  and  thriving  population  for 
more  than  a  century  and  a  half,  it  still  possesses  exten- 
sive forests,  and  rocky,  wooded  hills,  amid  which  glist- 
en, ke  diamonds,  numbers  ofsmall  transparent  lakes. 
So  many  are  they  that  only  a  few  of  the  larger  are  to 
be  found  upon  the  Maps.  This  region  so  remarkably 
wooded  and  watered,  formerly  abounded  in  beaver, 
all  kinds  of  deer,  and  the  ever  present  foes  of  the  lat- 
ter, wolves.  Many  are  the  provincial  statutes  offering 
bounties  for  the  destruction  of  the  latter.  The  beaver 
lived  on  the  streams  and  in  the  forests  of  Core- 
landt  till  early  in  this  century,  the  last  having  been 
killed  near  Lake  Waccabue  in  1837.  To  this  day 
one  beautiful  branch  of  the  Croton  bears  the  name  of 


"  The  Reaver  Dam,"  and  a  high  wooded  ridge,  not 
far  from  it  is  still  called,  "The  Deer's  Delight."  There 
are  two  points,  from  which  the  greater  part  of  this 
splendid  region  can  be  looked  <lown  upon  almost  as 
a  whole.  The  first  is  "  Knapjt's  Hill,"  or  "  Louns- 
berry  Hill,"  just  over  the  Manor  line  in  Bedford, 
which  was  used  as  a  military  station  of  observation 
iluring  the  Revolution.  The  second,  and  the  finer,  is 
Prospect  Mount  ill  the  eastern  |)art  of  North  Salem.  It 
is  just  within  the  "  Oblong,"  and  though  a  ])art  of 
North  Salem  since  1731,  was  not  originally  within 
the  Manor.  From  ita  summit  looking  west  the  eye 
ranges  over  the  whole  twenty  miles  in  length  of  the 
Manor  of  Cortlandt,  the  view  being  only  terminated 
by  the  Rockland  Mountains  across  the  Hudson.  The 
depression  in  which  the  latter  lies  is  distinctly  seen. 
Immediately  in  front  of  the  spectator  spreads  the 
rich  and  affluent  valley  of  the  Titicus,  the  "Mughti- 
ticoos"  of  the  Indians,  the  eastern  branch  of  the 
Croton,  bounded  on  each  side  by  high,  irregular  forest 
clad  hills,  the  silver  stream  winding  and  gleaming 
through  green  smiling  meadows  till  it  falls  into  the 
Croton  itself  five  miles  away.  Beyond  it  are  seen 
the  rich,  rolling,  fertile  lands  of  Somere  and  York- 
town,  the  foot  hills  of  the  Highlands  their  northern 
boundary.  And  further  still  the  fair  heights  of  the 
eastern  bank  of  the  Hudson  and  above  them  the  lofly 
High  Tor  upon  its  western  side.  No  more  splendid 
scene  can  be  looked  upon  in  America,  than  to  witness 
from  this  Mount  the  setting  of  the  sun  on  a  clear 
summer  evening.  The  whole  twenty  miles  of  the 
Manor,  hill,  valley,  river,  and  forest,  glowing  in  the 
most  brilliant  radiance  beneath  the  deep  red  tints  of 
a  gorgeous  sky,  and  then  as  the  great  luminary, 
tinting  their  peaks  with  gold,  sinks  bi  hind  the  blue 
Rockland  Mountains,  the  whole  suddenly  blotted  out 
in  a  deep  purplish  sombre  gloom. 

Upon  the  lower  slopes  of  the  height  stands  the 
old  home  of  the  Keelers,  now  the  residence  of  Hobart 
Keeler,  the  fourth  or  fifth  in  a  direct  line  who  for  a 
century  and  a  half  have  always  dwelt  there.  And 
yet  it  is  so  high,  that  from  bis  dining  room  windows 
on  a  clear  day,  High  Tor  and  the  other  Rockland 
mountains  arc  plainly  visible. 

In  the  southeastern  part  of  the  Manor  is  a  range 
of  heights  trending  from  northwest  to  southeast 
dividing  the  valley  of  the  Croton  from  that  of  Long 
Island  Sound,  in  which  rise  st  reams  running  south- 
erly to  the  Sound  the  chief  of  which  are  the  Myanos, 
now  known  as  the  Mianus,  and  the  Armonck,  or  By- 
ram  River.  Thus  within  the  Manor  are  three  distinct 
water-sheds,  two  carrying  their  waters  into  the  Hud- 
son, and  one  into  the  sound. 

The  origin  of  the  name  of  the  river,  the  great  natural 
feature  of  the  Manor,  the  waters  of  which  sujiply  the 
great  city  of  New  York  by  means  of  a  magnificent 
aqueduct  without  a  rival  in  Ancient  or  Modern 
times,  is  not  certainly  known.  Different  theories 
have  been  and  are  held  upon  this  subject.     What  is 


^^u   .<iu^  /ij    J/  •>4..''    it^  da*  lioM^.^J*".^!-  Mb^^UmtinA.  &<feMJmi.Alti^  % 


mniir:;qr-rrr::r^  -yr: r— : 


I 


■.•ty*^.. 


miniMMwin 


MMMMMHiMl 


•MUitilhitti 


"**?* 


k 


'■-   :->jVf 


^W 


w^^^C^^i 


*i. 


TIIK  ORIGIN  AND  HISTORY  OF  THE  MANORS. 


141 


ccrtiiin  in  that  the  Indian  niitnc  ol' "Kiditawnnk,"  or 
"  Kifi^litawong"  is  tliat  given  t<>  tliu  Uivcr  in  all  tlic 
earliest  Duedi)  and  Patents.  In  Philip  VerplanelcM 
survey  and  ma|)  made  in  1732  the  name  he  giveH  to 
it  ia  the  "  Kightewiink  Creek  or  Oroutuii'n  lliver."  ' 
As  Mr.  Verplanck  lived  many  years  jjrior  to  1732  in 
the  Manor,  and  knew  every  one  interested  in  it,  from 
shortly  after  the  death  of  tite|)hunuB  Van  Courtland 
to  his  own  death  a  period  of  about  seventy  years,  his 
opportunities  of  knowing  the  English  name  of  the 
stream  were  certainly  better  than  those  of  any  one  of 
whom  wo  now  have  knowledge.  He  wjis  also  a  sur- 
veyor, and  hence  obliged  to  be  particular  in  giving 
correct  names  to  natural  features.  Now  he  called  it 
on  his  map  of  1732  "  Groatun's  lliver,"  hence  at  thiit 
date  such  was  certainly  its  English  name.  Therefore 
the  name  must  have  originated  between  IfiOT  the  date 
of  the  Manor  Grant  in  which  it  is  described  by  its  In- 
dian name  and  1732,  the  date  of  the  Manor  Map,  that 
ia  within  the  period  of  thirty-five  years.  But 
whether  "  Groatun  "  from  which  the  ■  ange  to  "  Cro- 
ton  "  was  very  easy,  was  the  name  of  ..n  Indian  or  a 
Dutchman  can  never  be  known.  The  probability  is 
that  if  there  was  such  a  man  he  dwelt  near  the 
mouth  of  the  stream,  and  his  name  given  to  it  at  bis 
dwelling-place  was  extended  gradually  throughout  its 
entire  length.  I5ut  whatever  the  origin,  "  Croton  "  it 
baa  been  for  more  than  a  century,  and  "  Croton  "  it 
will  forever  remain. 

14 

The  Manor  of  Scnrgdale,  IIk    Origin,  Local    History, 

A>ljoining  PiUcnts  and  Manors,  Its  First  Lord 

and  his  Family,  Division  and  Topography. 

Named  by  its  liord  after  that  division  of  the  beau- 
tiful county  of  Derby,  nearly  the  geographical  centre 
of  England,  in  which  the  city  of  Chesterfield,  crown- 
ing a  lofty  verdant  height,  sits  like  a  queen  upon  her 
throne,  the  rivers  Ilother  and  Hipper  flowing  to- 
gether at  her  feet,  termed  the  "  Hundred  of  Scars- 
dale,"  in  which  he  was  born.  Colonel  Caleb  Heath- 
cote  proved  at  once  his  own  good  taste  and  his  love 
for  the  ancient  home  of  his  fathers.  The  name  de- 
scribes equally  well  the  English  locality  and  its  Amer- 
ican namesake.  "  Scarrs "  was  the  Saxon  word  for 
rocky  crags,  and  "dale"  for  valley.  The  western 
and  northwestern  parts  of  the  Hundred  of  Scarsdale 
are  noted  for  the  rocky  heights  and  deep  valleys 
which  form  that  striking  Derbyshire  scenery  immor- 
talized in  the  "  Peveril  of  the  Peak  "  of  Sir  Walter 
Scott.  The  western  and  northwestern  parts  of  the 
Manor  of  Scarsdale  are  overlooked  y  the  hills  and 
crags,  half  covered  with  forests,  at  the  foot  of  which 
Hows  the  river  IJronx  ;  while  the  vales  and  glades  of 
the  lower  heights  which  separate  the  valleys  of  the 
Bronx  and  the  Sound,  upon  one  of  which  he  dwelt  in 


>  Bee  the  Manor  map  and  hit  "  axplanatloiw  "  appended  to  tt. 


his  earlier  life,  are  also  immortalized  in  the  "Spy" 
of  the  Neutral  Ground  of  Fenimore  (!<ioper. 

The  Manor  of  Scarsdale  was  of  irregular  shape  ow- 
ing chiefly  to  the  winding  course  of  the  Mamaroneck 
River,  which  formed  a  large  part  of  its  eastern  bound- 
ary. By  its  terms  the  Manor-Grant  inclu<led  a  tract 
embracing  the  jjrcsent  towns  of  Mamaroneck,  Scars- 
dale, a  small  part  of  Harrison,  with  White  plains,  and 
a  portion  of  Northeastle.  But  as  a  dispute  existctl 
with  "some  of  y"  inhabitants  of  y"  town  of  Itye  "  as 
to  Wliite  plains  at  the  time  of  (Jolonel  Ileathcote's" 
purchase  of  the  tract,  the  Manor-Grant  exjiressly 
provided  that  it  should  give  no  further  title  to  White 
plains  to  Colonel  Heathcote  than  what  he  already 
had  before  it  issued.  Irrespective  of  White  plains  and 
the  lands  beyond,  the  length  of  the  Manor  was  about 
nine  miles  by  an  average  width  of  a  little  more  than 
two  miles.    The  following  is  the 

MANOR-OKANT  OK    TIIK   MANOK  f)F  8('ARHI>ALE. 

William  the  third  by  the  Grace  of  God  of  Eng- 
land, Scotland,  France  &  Ireland,  King,  Defender  of 
the  faith  i%c.  To  all  to  whom  these  presents  shall 
come  sendeth  greeting  ;  Whereas  our  loving  subject 
CAMcn  Heathcote,  Escjr.  hath  petitioned  the 
Ilon.ble  John  Nanfan  our  Lt.  Govern'r,  &  Conmnd' 
in  Cheif  of  the  Province  of  New  Yorke  in  America, 
Ik  our  Councill  of  the  said  Province,  for  a  confirmation 
of  a  tract  of  land  in  the  County  oj  Westchester,  Jiegin- 
ning  at  a  marked  tree  by  Mamoronack  River  w'ch  is 
the  eastermost  side  of  the  Northern  bounds  of  Mamo- 
ronack Township,  being  about  two  miles  from  the 
country  road  &  to  run  along  the  sd.  lliver  to  the  head 
thereof,  &  thence  on  a  north  line  untill  eighteen 
miles  from  the  said  marked  tree  is  compleated  ;  west- 
erly, beginning  at  the  marked  tree  or  a  great  rock  be- 
ing the  westermost  part  of  the  northern  bounds  of  the 
aforcsd.  township,  being  about  two  miles  from  the 
country  road,  &  thence  to  run  northerly  eighteen 
miles  as  the  line  on  the  eastermost  side  of  the  said 
land  runcth,  including  in  the  sd.  Mannor  his  eighth 
parte  of  the  two  miles  laid  out  for  the  town  of  Mamo- 
ronack, with  the  lott  he  now  livcth  on,  &  the  lott 
bought  of  Alice  Hatfeild,  w"'  the  lands  &  meadows 
below  westerly  to  a  path  to  him  belonging  by  virtue 
of  his  deeds  &  conveyances,  parte  of  w"''  land  within 
ye  bounds  aforesd.  was  purchased  by  Jno.  Richbell 
from  ye  Native  Indian  Proprietors  w"''  sd.  Jno.  Rich- 
bell  had  a  grant  &  confirmation  for  ye  same  from 
Coll.  Fra.""-"  Lovelace,  late  Gov',  of  ye  sd.  Province,  & 
the  right  of  ye  sd.  Jno.  Richbell  therein  is  legally 
vested  in  the  sd.  Caleb  Heathcote,  &  other  parte  has 
been  purchased  by  ye  sd.  Caleb  Heathcote  of  ye  Na- 
tive Indian  Proprietors ;  &  whereas  ye  sd.  Caleb 
Heathcote  hath  further  petitioned  our  ad.  Lt.  (Jov- 
ernor  &  Councill  that  ye  a..l.  tract  of  land  may  be 
erected  into  a  Mannour  by  yc  name  of  ye  Mannour 


^'riii«  uaiiu)  lA  pi-o|M»i-ly   proiioiincfHl  a!i  if 
'  Ho«tlu;ut<\'^  nfl  ufteii  liennt 


ipolled  "llotlicul,"   not 


U2 


HISTORY  OF  WE8T0HB8TKR  COUNTY. 


of  Sflartdale,  whort'upon  our  Hil.  Lt.  (>«vern'  by  A  w"" 
y«  Hilvicc  of  <>"'  (!<>uii(ill  Dirccrted  a  Writt  to  ye  liigli 
Bhcrrifr  of  ye  ai\.  ( 'oiiiity  of  Weiitchcster  to  (!ii(|iiirR  to 
w'  iluiniiK"  Hiii'li  imtfiit  would  he,  w'"'  writt  imtuiMl  iic- 
('oriliiiKiy,  w"*  a  proyiHo  tlnit  it  Hlioiiid  not  ^ive  yu  ml. 
Calel)  llcHtlicott!  iiny  further  titlu  tlien  wliicli  ho  al- 
ready liath  to  ye  IiiikIh  called  ye  White  I'laiim,  w'""  Ih 
in  (liM|)iite  Itetwei^n  ye  Haid  ('aleh  Henthcotc  A,  Home 
of  the  iiilialiitiititM  of  the  /own  of  Hyr,  whereupon  the 
Hil.  Mlierrife  returned  y'  the  Jurorx  found  that  there  is 
no  dainii)(e  tn  the  Kin^,  <>r  his  HUhjeetH,  in  erecting 
the  Mannour  aforcHd.,  except  ye  ml.  white  I'liiineH  w.'''* 
arc  in  diMputo  ik  eontcHt  hetween  yv.  Hd.(!alel)  lleath- 
coto  At  the  town  of  Rye,  ilt  excepting  Janien  Mott  A 
the  reit  of  ye  frceholderH  of  Mainoronaek  who  have 
deed  within  the  patent  of  Kiehl)ell ;  k'now  ijee  that  of 
our  Hpceial  K""'"''")  I'ertain  knowh'i'.ne,  A  nieer  motion, 
wee  have  Kiven,  granted,  ratified,  A  confirmed,  »S[  l)y 
tliose  proHontH,  doo  for  uh,  our  heires  &  HUccesHorH, 
give,  grant,  ratifye,  &  eonfirme,  unto  ye  Hd.  Caleb 
Heathcote,  hit*  heirns,  »<t  luiHigiieH,  All  A  every  yo 
aforeHd.  tracts  <^  jiarcellH  of  land  and  meiiilow  w"'"  in  ye 
respective  limits  A  bounds  beforcmentioned  A  cx- 
presHed,  together  w"''  all  &,  every  ye  incHHuagi^,  ten- 
cm"*,  buildings,  barnes,  Iioumch,  out-bouHet*,  fenccH, 
orchards,  gardens,  piwturcs,  ineadows,  inarHhcs, 
HWiunpH,  poolM,  ponds,  waters,  water  courMes,  woodi*, 
underwoods,  trees,  tiinoers,  (piarrics,  runs,  rivers,  riv- 
oletts,  brooks,  lakes,  Htreaines,  creeks,  harbores, 
beaches,  bayes,  islands,  ferries,  fishing,  fowling,  hunt- 
ing, hawking,  mines,  inineralls,  (royall  mines  ex- 
cepted) &  all  the  riglits,  members,  libortys,  privil- 
ledgeit,  jurisdiccoiis,  royaltys,  hereditjun.",  profitts, 
bonofitts,  advantages,  &  appurtenances,  whoever,  to 
aforesd.  scverall  &  respecitive  tracts  &  parcels  of  land 
and  meadow  belonging,  or  in  any  wise  appurteining, 
or  accepted,  reputed,  taken,  known,  or  occupied,  as 
parte  parcell  or  member  thereof,  To  Have  and  to 
Hold  all  the  nfonisd.  soverall  &  respective  tracts,  & 
parct^lls  of  land  &  meadow  &  jireinises  w."'in  the  re- 
spective liniitts  &  bounds  aforesaid,  w."'  all  &  every 
of  their  appurtenances,  unto  him  the  sd.  Caleb 
Heathcote,  liis  heirs,  fi  assigns,  to  the  only  projier 
use  &  belioofof  him  the  wl.  (.!alel>  Heathcote,  his 
heirt«<'fc  assignes  forever,  provided  that  nothing  here- 
in (;onteined  shall  be  construed,  deemed,  or  taken,  to 
give  the  sd.  Caleb  Heathcote  any  further  title  then 
what  he  now,  by  virtue  of  these  our  letters  patents, 
lawfully  hath  to  ye  sd.  white  IMaines  in  disjiutc  as 
aforesaid  nor  any  jurisdiction  w"'in  the  sd.  White 
Plaiues  untill  the  same  shall  happen  to  belong  to  the 
sd.  Caleb  Heathcote,  and  moreover,  h'liow  yee  that  of 
our  further  speciall  grace,  certain  knowledge,  &  meer 
motion,  wee  have  thought  fitt  to  erect  all  the  aforere- 
cited  tracts  &  parcclls  of  land  &  meadow,  w""in  the 
limitts  &  bounds  aforesaid,  into  a  Ijordship  and  Man- 
nour, except  as  before  excepted,  and  therefore  by 
these  presents  wee  doe  for  us,  our  heires,  &  sucet^s"', 
erect  make  &  constitute  all  the  aforerecited  tracts  and 


parcells  of  land  and  meadow  within  the  limits  h 
bounds  beforom  .iticuied  (except  iw  before  excepted), 
together  ,v."'"  all  ft.  every  the  above  granted  premises, 
w.""'  all,  and  every,  of  their  appurtenances,  into  one 
Lordship  or  Mannour,  to  all  intents  and  piirposra,  h 
it  is  our  royal  will  and  pleasure,  that  the  sd.  liOrd- 
nhip  and  Mannour  Hlntll  from  heiieeforth  be  calle.  liie 
Lordship  ami  Mannour  off  Mcarsdale  ;  and  k'now  t/ec 
that  wee  reposing  especiall  trust  A,  confidence  in  the 
loyallty,  wisdomo,  justice,  prudenc^o,  <fe  circuinspoc- 
tion,  of  our  sd.  lr>veing  subject,  doe  for  us  our  heires 
<Sc  success."  give  »t  grant  unto  the  sd.  Caleb  Heath- 
cote, his  heires  ft  assignes,  full  power  Ai  authority,  at 
all  times  forever  hereafter,  w"'in  the  sd.  Lordship  or 
Mannour,  one  Co  irt  I/cet  &  one  Court  Uaron,  to 
hold,  A  keep,  atsu(  h  time  A  tinuw,  »t  so  often  yearly, 
IIS  he  or  they  shall  think  meet,  &  wee  doo  further 
give  A  grant  to  ye  sd.  (jaleb  Heathcote,  his  lucres 
A.  assignes,  all  fines,  issues,  A  amerciaments,  at  the  sd. 
(^'ourt  Leet  A  (!oiirt  Maroii  to  be  holdcn  within  our 
said  lordHliip  or  manor,  to  be  sett,  forfeited,  or  im- 
posed, or  payable,  or  happening,  at  any  time  to  be 
payable,  by  any  of  the  inhabitants  of,  or  w"'in,  the 
said  I^irdshipp  or  Mannour  of  Bcarsdak'  or  the  Ijiin- 
itts  A  bounds  tlierw)f,  &  also  all  A  evc-ry  pfiwor  A 
powers,  authority  A  autlioiityes,  for  the  holding  & 
keeping,  the  sd.  court  leet,  A  court  baron,  from  time 
to  time,  A  to  award  A  issue  out,  the  aci^ustomed  writts 
to  be  issued  A  awarded  out  of  courts  leet  A  courts 
baron,  as  also  that  thi^  sd,  court  leet  A  court  baron  be 
kept  by  the  sd.  Calgb  Heathcote  his  heires  and  as- 
signes forever,  his,  or  their,  or  any  of  their,  stewards 
deputed  A  appointed,  w"'  full  &  ample  power  A  au- 
thority to  distrain  for  the  rents,  services,  A  other 
sunu«  of  money,  ])iiyable  by  virtue  of  ye  preiniHes  A 
all  other  lawful  reniedys  A  means  for  the  havering, 
[XJiHsessing,  levying,  A  enjoying  the  premises,  &  every 
parte  A  parcell  of  the  same,  A  all  waifes,  estraycs, 
deodandi,  A  goods  of  fellons,  lia|>pening,  or  to  luni- 
pen,  being  or  to  Ik-,  forfeited,  w."'in  tlie  sd.  Lordship 
or  Mannour  of  Scarsdale.  And  wee  doe  further  give 
A  grant  unto  the  said  Caleb  Jleathcote  his  heires  & 
assignes,  tliat  all  A  singular  ye  tenants  of  him  the  sd. 
(!aleb  Heathcote,  within  tho  sd.  Mannour,  shall  A 
may  at  all  times  herealler  meet  together  A  choose 
assessors  within  the  man.'  aforesil.  according  to  such 
rules,  wayes,  A  methods,  as  are  jirescribed  for  cities 
towns  A  counties  within  our  sd.  province,  by  yi;  acts 
of  (icnerall  of  Assembly  for  defraying  the  publick 
charge  of  each  rcsjiectivo  city,  town,  &  county,  afore- 
said, A  all  such  Slimes  of  money  so  assessed  A  levyed, 
to  collect  A  disjMPHe  of,  for  such  uses,  as  any  act  or 
acts  of  the  sil.  gener."  assembly  shall  establish  A  ap- 
point, to  have,  hold,  possess,  A  enjoy,  all  A  singular 
the  sd.  Lordship  or  Mannour  of  Bearsdale  A  premises, 
with  all  A  every  of  their  ajipurtenanccs,  unto  ye  sd. 
('aleb  Heathcote,  his  beings  A  assignes,  forever,  and 
that  the  sd.  :.'-idship  or  Man.'  afbrcsd.  shall  be  A 
forever  continiie  tru-  &  exempt  from  the  jurisdicson 


THE  ORIGIN  AND   H [STORY   OF  TIIK    MANORS. 


m 


i>ruiiy  town,  towiiHliip,  nr  Maiioiir,  wliiitMiH'vcr,  to  li«' 
holdfii  ofuH,  our  lioirt'H  tic  HiiccfHmirH,  in  frvo  A.  coinon 
mHTmr,u  iiccoriling  to  tliu  tenure  of  our  Munnour  of 
Kiixt  Orct-nwirh  in  tliu  (■ounty  of  Kent,  w"'in  our 
Kiii)(<ioinu  of  Kri^litnil,  yielding  remlorinK  linil  p'njiinj 
theri'fori',  ijenrlij,  fi  every  year,  t'orevor,  iit  our  eity  oC 
New  Yorkf,  unto  uh  our  lieireH  A  Huei'csHourH,  or  t(» 
Hucli  otlicer  or  oliiccrH  iM  KJiall  from  tiuiu  to  tinii;  l)e 
ini|iowi-rt'<l  to  receive  llie  Hiiniu,  Jive  poimiln  currant 
money  of  New  Yorlte,  upon  the  Nativity  of  our  lionl, 
in  lieu  t^  Htead  of  all  serviceH,  duvH,  dutiitt,  or  de- 
niandH,  whutHoever. 

fn  trutimoni/  wltert-of  yieo  have  eauHed  the  great  Hc<ale 
of  our  province  of  New  Yorke  to  l>e  iiereiinto  atlixed. 
WitncttH  John  Naufiin  Vm\.'  our  \X.  (iovernour  tt 
C'oiniiuder  in  Chief  of  our  Province  of  New  York  ik 
territorii44  depending;  tliercon,  in  America. 

(lii'in  lit  fort  William  lliinry  in  our  city  of  New 
Yorke  thi«  21»t  day  of  March  in  the  fourteenth  year 
ofour  reign  Anno  Domini  1701. 

John  Nunfun. 
////  /lit  Hon'"  couinnd 
M.  Clurkson  Hecry. 

I  do  hereby  certify  the  aforegoing  to  be  a  true  copy 
of  the  original  record  word  d-  ^)i\\  line  page  22!)  heing 
ohiiterated  and  or  interlined  in  itM  Htead  im  in  ttaid 
record.     Compared  therewith  by  me. 

Lewis  A.  Hcott,  Secretary. 
State  of  New  York,  ]      . 

Office  of  the  Secret ary  of  Stale,  i 

1  liure  emnpareil  the  preceding  copy  of  Lettcn  I'al- 
enl  with  the  record  thereof  in  tliirt  oflice,  in  Hook 
NundxT  Si:iHn  of  I'atentx  at  page  Vdh  and  I  do  hereby 
certify  the  Hame  to  be  a  correct  transcript  therefrom 
and  of  the  whole  thereof. 

Wiltiem  my  hand  and  tlie  neal  of  office  of  the  Hccre- 
tary  of  State,  at  the  City  of  Albany,  the  la/  day  of 
Sejitemher,  one  thomand  eiyhl  hmulrcd  and eiyhly  four, 

Anson  ().  Wood 
Dq^iity  Secretary  of  State. 

John  Hiclibell  who  ia  Htated  in  this  Manor-Crant, 
to  Colonel  Ileathcote  (which  expressly  vested  Ilich- 
bell's  title  in  the  latter),  to  have  been  the  purclnwerof 
part  of  the  Manor-land  originally  "from  ye  native 
Indian  proj)rietorH,"  was  one  of  a  family  of  Hamp- 
shire-men either  in,  or  from  the  neighbourhood 
of  the  city  of  Southampton,  in  that  County,  in  Eng- 
land. They  were  also  merchants  in  London  engaged 
in  trade  with  America.  In  the  seventeonth  century 
a  large  trade  waa  carricKl  on  between  England,  the 
West  Indies,  and  the  '  Plantations  on  the  Maine'  of 
America.  Of  this  trade  the  central  point  in  the  West 
Indit!S  was  Itarbadoes  then,  as  now,  a  Hritish  Island. 
The  voyage*  were  from  England  to  Uarbadoes,  thence 
to  New  York  or  Roston,  and  thence  back  to  England. 
Hence  the  continual  reference  in  the  accounts  and 
letters  of  that  day  to  the  "  news  from  home  via  Bar- 
bardoes."     Precisely  when  John  Uichbell   left  Eng- 


land is  not  known.  He  was  a  merchant  in  (JliHrlestown, 
MflHsaehuHetts,  a<'eording  to  Savage's  OiMiealogical 
Dictionary  in  KI4H.  In  an  inventory  of  the  estate  of 
Itobert  (iil>son  of  KoNton,  dated  the  lltli  of  August 
l(l<''>!>,  appears  this  item,  "  due  from  Mr.  .lolin  Kich- 
bell  for  wages  and  wino  C<'<(1,  4,  <>,  nn<ler  elate  of  Hth 
August  l<ir)(;.'  The  next  year  lt>.'>7  he  was  apparently 
in  the  Island  ot  iiarbadoes.  Prior  to  this  latter  date 
he  was  in  the  island  of  Ht.  ('hristopber's,  where  he 
received  from  liis  mother-in-law  Margery  Parsons 
•'certain  goods  fornu-rly  delivered  anri  paid  unto  mo 
by  Mrs.  Margery  ParsoiiH  upon  the  Island  of  St. 
Christopher's."  ' 

When  in  Iiarbadoes  he  met  with  two  otluT  English- 
men, 'I'honniM  Modiford  a  resident  of  that  island,  and 
William  Sharpt;  of  Southampton  in  England,  'i'lie 
three  entered  intt)  an  agreement  to  undertake  a  bnsi- 
ness  which  the  oppressive  navigatiiui  lawsof  Englan(| 
tempted,  and  practically  compelled,  iiuiny  EuKlishmen 
and  ('olonists  to  go  into.  These  laws  increaseil  in 
extent,  and  vigorously  enforced  by  Cromwell,  bore 
harshly  upon  England's  "  Plantations  in  foreign 
parts"  at  thattimejiistbeginningtoexist.  Then  began 
that  illicit  contraband  trade  in  America  which  con- 
tinued and  increased  from  that  time  duriiig  tlii'  whole 
colonial  period.  And  which  proved,  in  coiiHeijUence 
of  the  very  stringent  measures  adopted  by  England 
late  in  the  (eighteenth  century  to  suppress  it,  thereby 
injuring  the  business  interests  of  the  colonies,  one  of 
th(!  potent,  if  not  the  mont  potent,  of  the  causes  which 
[troduci^i  that  great  event,  the  American  Kevolntion. 

The  "  Instructions"  to  Kichbell  from  his  partners 
in  relation  to  their  business  still  exist  in  the  ptdilie 
Archives  of  New  York.  The  partim  named,  were 
"Thomas  Modiford  of  Itarbadoes,  William  Sharpe  of 
Southampton  [EnglandJ,  and  John  Kichbell  of 
Charli-stown,  New  England,  Merchants.  "  All  were 
in  Iiarbadoes  apparently  at  the  date  of  the  "  Instruc- 
tions," which,  tu)  clear  and  s|ic(ei(i(r,  as  they  are  inter- 
esting and  curious,  are  here  given  in  full.  They  are 
headed : — 

"  InntnictionH  delivered  to  Mr.  John  Kichhell  in  orded 

to  tlie  intiiided  nel/leinent  if  a  f'laiita/ion  in  the 

BOuth-irenl  parts  of  New  Enyland,  in 

behalf  of  Idvuelf  and  of  mb- 

neribers." 

They  piously  begin,  and  are  in  these  words: — 
"God  sending  you  to  arrive  safely  in  New  England, 
our  atlvice  is  that  you  in  forme  yourself  fully  by  sober 
understanding  men  of  that  parte  of  [thej  land  which 
lyeth  betwixt  Connecticott  and  the  Dutch  Collony, 
and  of  the  seaeoast  belonging  to  the  game,  and  the 
Islands  that  lye  betwixt  Long  Island  and  the  Maine, 
vi/,. :  within  what  government  it  is,  and  of  what  kinde 
that  government  is,  whether  very  strict  or  reniisse, 
who  the  Cliiefe  Magistrates  are,  on  what  ternies  ye 

IXI.  N.  K.  (iiiii.  nee.,  p.  ;H7. 

3  It«cit»l  ill  adccil  to  tier  of  Mtli  Nov.,  IWiS,  In  tlio  writur'H  poawwioii. 


144 


IlIHTOKY  OF  VVEST(!IIKHTEll  COUNIT. 


TikHhiih  hIiukI  with  llioiii,  und  wliiil  boiiiulH  thu  Dutch 
prutenti  to,  uiitl  buiiif;  MiiliHlyt'il  in  IhcHu  |MirticiilurH, 
(vl/..)  that  you  iiiiiy  with  Hccurity  Bc^ttlu  thure  iimi 
without  od'eiice  to  iiiiy.  Then  our  iidvicu  in  that  you 
onduavour  to  buy  Honif  Huuill  I'hmtation  tiiiit  iH  al- 
ready Hcttidd  ami  hath  an  hoiiHu,  and  Home  i|uantily  <il' 
ground  eh'are<l  anil  which  lyeth  w>  as  yon  nuiy  enlarge 
i:ilo  thu  woodit  at  pleiwui-e  in  each, — bu  Muru  not  to 
faylu  of  theHeaccoinniodalionH. 

I.  That  it  be  near  nonie  navigable  Kyver,  or  ut 
lenMt  Home  Male  port  or  barliour,  and  that  the  wayu  to 
it  W.  neither  long  nor  dillieult. 

II.  That  it  be  well  watered  by  itome  running 
Htreani",  or  at  leant  by  Huniu  Treali  pundit  and  HpringH, 
near  adjoining. 

III.  'J'hat  it  be  well  wooded,  whieli  I  tliinke  you 
can  hardly  niiHHo  of.  That  it  be  healthy,  high,  ground, 
not  boggH  or  leuH,  for  the  !iopeH  of  all  eonHiHlM  in  that 
eonsideration." 

Then  alter  cautioning  him  to  obtain  a  good  title, 
and  directing  him  how  to  begin  ami  carry  on  tlii^ 
actual  mottling  and  planting  of  the  location,  the  in- 
HtructiouH,  with  anharp  eyi'  to  their  main  object,  thuH 
conclutle; — "  LaHtly,  we  dcMire  you  to  advine  uh,  or 
either  of  uh,  how  all'airM  nland  with  you,  what  your 
wantri  are,  and  how  they  nuiy  be  nioHt  advautageoiiHly 
(Employed  by  uh,  for  the  lite  of  our  buHiut«H  will  connint 
in  the  nimble,  tpiiet,  and  full,  corrcwpondenic  with  uh  ; 
and  although  tlicHe  inntructionH  wo  have  given  you, 
clearl y  i  ndicat(«  I  our  vieWH  I  yet  weare  notnatiHlieil  that 
you  muHt  needs  bring  in  the  placeno  nuiny  dillicuitycH, 
and  alno  obnerve  ho  many  iu(U)iivenien('eH,  which  we 
at  thin  diHlance  cannot  poMHibly  inuigine;  and  there- 
fore wo  refer  all  wholly  U>  your  dincretion,  not  doubt- 
ing but  that  you  will  doi^  all  thingH  t<i  the  best  advan- 
tage of  our  (IcHigiie,  thereby  obliedging  your  faithful 

friviidii  and  HurvantH 

ThoH.  Modiford 

IJarbadocH  Hept.  IH,  1(107.  Will.  Hharpe.' 

Certainly  J<din  llichbell  carriiid  outthene  "  inntruc- 

tionH"   to  the  letter.      No  better  dcHcriptioii  of  the 

situation  of  Mamaroneck  and  itn  pculiar  local  char- 

acteristicH    could    be     written    than    they    contain. 

Directly   on   the  Hound,   cbme   to    Coiuiccticut  and 

dainieil  by  that  Colony,  yet  within   the  Dutch  jnrin- 

dictioii,  with  a  deeply  indented  harbour,  and  a  line 

ever  running  Htreani  of  frcHh  water  liilling  over  a  reef 

directly  into  it,  backed   by  high  wooded  hillH,  and 

Hkirled  by  the  cleared  planting  (leldH  of  the  Indiann; 

and  within  a  day'n  wiil  of  the"  MaidiadocH,"  Kichbell 

could  not  have  found   on  the  whole  coanl  a  locality 

butter  a<lapted  to  the  "nind)le"  buHineHB  of  hinmelf 

and  bin  MarbadocH  I'ricndM.     Thi^re  wn«  oidy  a  ningle 

point  in  which  it  failed  to  meet  their  "iuHtrintiotiH." 

It  wan  not  "alri^uly  nettled,"  and  hail   iio"hoUHe" 

alrcaily  built.   The  Hiwuwoy  tribeof  Mohican  IndiauH 

were    itn  mile   inhabitantM    when    Uichbell   lirst  naw 


I  l)««4liouk  III.,  Mo.  or  HUto'a  off,,  UH,  WU. 


Manuironcck,  and  their  Haehenm  were  Wappaipiu- 
wani  and  Mahatahan,''  brotherH  in  authority,  but  not 
in  blood. 

How  Hoon  ICichbell  lell  liarbadoeH,  alter  the  date  of 
bin  iimtructiouH,  <ir  when  he  arrived  in  New  Nether- 
land,  or  on  Long  iHland,  in  not  known.  He  pur- 
eliMHed  that  beautiful  poiiiuHula,  or  a  part  of  it,  in 
Oy  "tor  Hay,  afterwanlH,  an<l  nlill,  known  U8  l.iloyd'H 
Net  k,  on  the  Tith  of  Heptember  KiliO,  whi(di  nix  yearn 
lat(!r  he  HUbHei|uently  Hold.''  He  wan  a  rcnident  of 
Oynter  Hay  from  liiilO  t<i  Kiliiior  1004,  and  uHerwardH 
of  Mamaroneck. 

A  year  later,  in  Heptember  KiGl,  ho  nnide  the  lirMt 
purchii.'te  of  the  Mamaroneck  lanilH  of  the  IndiaiiH, 
thu  deud  lor  which  in  iim  foliowti: — 

Tfie  Indian  Dtrd  to  John  ItickdM. 
Mammaranock,  y"  28''  8ei>t.  llitil.  Know  all  nieti 
by  IheHe  prcHentH;— That  I  Wappaijiiewam  Itight 
owner  and  Proprietor  of  part  of  thin  fyand,  doe  by 
order  of  iny  brother  who  in  another  Proprietor  i^  by 
(JouHcnt  of  the  other  IndyaiiH  doe  thiH  day  Hell,  hi'tt, 
fi  make  over  from  inee  my  lu^rcH  and  nHHigncH  for- 
ever, unto  .John  Kichbell  of  Oynter  Hay  bin  heyrcH  Ik, 
aHHigncM  forever,  three  Neckn  (d'  Lainl,  the  lOaHtcir- 
iiiOHt  in  called  Manimaranock  neck,  and  the  VVcHter- 
moHt  in  bounded  with  Mr.  I'eil'H  purchiiHe:  Therefore 
Know  all  'lien  whom  theno  preiientM  eoncerne,  that  I 
Wappa(|Uewam  Doe  thin  Day  alienate  anil  l^Htraiige 
from  niee,  my  lu^rcH,  and  iWHigiieH  for  ever  unto  .lohn 
Kichbell  bin  heyrcH  and  aHHignen  forever  tlicHc  three 
NeckH  of  hand  with  all  the  Meadown  Kivern  and 
iHlandH  thereunto  lielon;ring,  AIho  the  Hiiid  Kichlu'll 
or  bin  AKMignen  may  freely  feed  cattle,  or  cutl  Timber 
Twenty  milcH  Northward  from  the  mark(Ml  TrecH  of 
the  Neckn,  llbr  and  in  cotiHideracion  the  naid  Kichbell 
in  to  Oive  and  Delivc^r  unto  the  aforenanied  Wappa- 
quewam  the  goiMln  hereunder  moiitioiieii,  the  one 
lull fe  about  a  month  after  the  date  here  of,  and  the 
other  halfe  the  next  Spring  following,  an  the  Inter- 
preters can  TcBtifye,  &  for  the  true  porfornianco 
hereof  I  Wap|ia(juewam  doe  acknowledge  to  have 
KcMcived  two  Hhirtn  &  Ten  HhillingH  in  Wampum  the 
Day  and  Date  above  Written. 

The  mark  of 

+ 
Wappiupiewam, 
Twenty  Two  (JoiiIh, 
Oni!  hundred  falhoiu  of  Wampum, 
Twelvt!  HhirtH, 
Ten  paire  of  SlockiiigH, 

Twenty  hanilH  (d' powdor,  ,, 

Twelve  liarrH  of  head, 
Two  lirelockeH,  | 

Hmeeii  Hoo»,  '      '  '■'. 


'J  III  II  NiiiKli'  |ia|N<r  nf  (tilt  MlllM,  ttltH  iiiilnn  Im  h|H!||ci1  **  Mutliutiiiun," 
liiit  III  ull  Dim  <itliiii'N  *'  Muliutitliiiti," 

'  St'i*  rliuplitr  on  "  IMuiiMunnniU  "  inr  wiiiii'  ilftiiilH  uf  Itiotiliiill  mid  lilrt 
rmldonca  In  Oritur  Unjr. 


THE  ORIGIN  AND  HISTUHY  OF  THE  MANOKS. 


145 


ffifteen  HatchetB, 
Three  Kettles.' 

Ill  the  Deceinbur  following  the  execution  unci  de- 
livery of  the  foregoing  deed  one  Thomas  Ilevell  iiIho 
of  (JyMter  Hay  a  merchant,  and  rival  of  Itichliell  iit- 
teniptod  to  claim  the  same  landa  under  a  deed  from 
an  Indian,  for  "  two  Necks  "  dated  the  27th  of  f)cto- 
ber  l(i(n.  This  led  to  an  examination  into  the  faetii 
by  the  Dutch  authorities  when  Richbell  presented  to 
them  his  memorial  for  a  "  grondbref,"  or  permit  to 
extinguish  the  Indian  title,  in  December  lUtil.  This 
examination  shewed  Uevell'H  claim  to  be  a  fraud, 
and  the  Dutch  (loverninent  accordingly  iHsued  their 
ground  brief  to  Uiclibell,  and  later,  their  "  Trans- 
"port,"  or  Patent.  When  the  change  of  rule  came 
and  the  English  were  in  power  and  the  Dutch 
Transports,  or  patents,  hail  been  confirmed  by 
English  ones  under  the  Duke  of  York,  Uiclibell  had 
recorded  with  his  English  I'atent,  in  the  Hecrctary's 
ollice  of  the  Province,  the  numerous  ailidavits 
made  in  IGUl  and  l(i<)2  and  laid  before  the  Dutch 
authorities,  on  which  they  condemned  Uevell's  In- 
dian deed  and  claim,  and  decided  in  his  own  favor, 
together  with  another  by  an  eye  witness  made  in 
Itilirj,'  and  an  Indian  certificate  of  ('onfirmation  of 
the  foregoing  Indian  det^d  to  him  of  Heptember  2:i'', 
IWil.' 

The  latter  is  in  these  words: — 
Indian  Certificate,  of  Confirmation  (o  John  Itichbdl. 

"  Reconled  for  Mr.  .lolin  Uiclibell  the  fith  day  of 
June  l<>(>()  tluH  Indyan  deed. 

I  Wampaipiewam,  together  with  my  brother  Maha- 
tahan,  being  the  right  owncru  of  three  Neck><  of 
Land,  lying  and  being  Koundcd  on  ye  East  side  with 
Mamaranock  Uiver,  and  on  y"  Wi^st  siile  with  the 
Htony  Uiver  which  parts  the  said  Latid  anil  Mr.  Pells 
purchase.  Now  These  are  to  certify  to  all  and  every 
one  of  whom  it  may  eonecrne.  That  I  Wampaijuewam 
did  for  myself'e  and  in  the  behalfe  of  my  aforesaid 
Brother  Mahatahan,  firm  firmly  Bargain  and  Hell  to 
Mr.  .fohn  Uiclibell  of  Oyster  Hay,  li>  him  and  his 
Heires  forever,  the  above  mentioned  three  Necks  of 
Land,  together  with  all  other  Priviledges  thereunto 
belonging,  8ix  wiicks  before  I  sold  it  to  Mr.  Tlios. 
lievell.  And  did  mark  out  the  Bounds,  and  give  Mr. 
Uiclibell  possession  of  the  said  l/and,  and  did  receive 
part  of  my  pay  there  in  hand,  as  Witness  my  hand. 

Witnesse  The  mark  of 

Jacob  Yough  -f- 

Catharine  Yough.*  WampiKiiiewain. 

■  Tlili  <l««il  la  rnciii  Inil  In  thi)  Rmratary  iif  Miiiti'K  (imc!'  nt  AII1HI17, 
IkHikuf  Kiitrlitn  No.  4,  p.  \IU\  hiiiI  Ih  lim-d  priiitiMl  frniii  ii  rupy  cnrtiflufl 
liy  W.  Ildblii  l>n|i>  Hni^;  iif  lliti  I'riivlnio  >iii  TJIIi  Miirili,  I7'.!'A  In  thn 
wrlU*r'ii  puMwwIon.  In  tlm  Ihioki*  im  iiiiw  nuiiilifi't'd  ut  Allmny,  It  \n  In 
\i\\m\'  *2  of  Deedfi,  p.  Wvi.  Tho  murk  of  \Vup|)ti<|iiL<WKni  !■  unilttuil  In  tin* 
rniiilil. 

^  Ai  I'XplntiiiMl  ntiovM  in  thli  niwiy. 

'I  Mlwr  t  (if  \)viA»,  \Wi-  IllU,  Hue.  of  lUto'ii oH*  AllMiijr. 

<  Lllmr  Two  of  Hmdii  p.  VDi. 


In  December,  Kifil,  John  Uichbell  made  his  appli- 
cation to  the  Dutch  Oovernor  and  Council  for  the 
grond-bref  above  alluded  to.  His  memorial,  dated 
the  day  before  Christnias,  Kill!,  is  in  these  words. 

John   Uichjiki.lh   PKrrrioN   to  the 

Dutch  Ooveknmknt  fou  a  Patent. 
Amsterdam  in  New  Nethurland,  24  Dec,  IfJGl. 

To  the  Most  Noble,  Great,  and  Uespectful  Lords, 
the  Directors-deneral  and  Council,  in  New  Nethor- 
land,  solicits  most  reverently  John  Uichbdl,  that  it 
may  please  your  Honoui%  to  grant  him  letters  patent 
for  three  Necks  of  Lands,  the  east  Neck  being  named 
Mammoranock  Neck,  the  western  with  the  adjacent 
Land  by  some  named  Mr.  Pells  Land,  promising  that 
all  persons  who  with  the  siipjilicaiits  permission  or 
order  would  settle  there  with  him,  shall  be  willing  to 
solicit  letters  patent  for  such  a  parcel  of  land  as  they 
may  intend  to  settle.  In  the  meantime  he  suppli- 
cates that  your  Honours  may  be  pleaaed  to  grant 
him  letters  patent  for  the  whole  tract,  which  ho  ia 
willing  to  enforce  and  instruct  them  of  your  Honourn 
Govorninent  and  will,  in  similar  manner,  on  terms 
and  conditions  as  are  allowed  to  other  villages.  Hop- 
ing for  your  assent  he  remains,  reapectfully, 

John  Uichbell." 

This  memorial  was  read  and  considered  by  director 
Btuyvesant  and  his  Council  on  the  I'Jth  of  January, 
l(i('>2,  and  the  ap[dicant  was  reipiested  to  explain 
more  fully  the  extent  and  meaning  of  his  proposal. 
Uiclibell  subsequently  did  so,  and  on  the  (Itli  of  the 
succeeding  May  (l(it)2)  there  was  granted  him  the 
annexed  "grond-bref"  or  ground-brief  signed  by 
Htuyvesant  hiniNelf. 

Ihtlch  (Inmnd-Hrirf  for  Mamnrnnepk. 

We,  the  Director-*  feneral  and  Council  of  State  of 
New  Netheriand,  doe  declare  by  these  presents,  that 
we,  upon  the  iiieiiiorial  or  petition  of  Mr.  John  Uisse- 
bcl  and  his  friends,  that  he  be  under  the  protection 
of  tl  I  high  anil  subordinate  Authority  of  this  Prov- 
ince, upon  terms  and  conditions  that  other  inhabi- 
tants doe  enjoy,  may  take  up  and  posssess  a  certain 
Neck  and  parcel  of  Land  calli^d  Mammarinikes,  pro- 
vided that  the  aforesaiil  Mr.  .lolin  KisM'bel,  his  asso- 
ciates, and  every  oni!  that  are  now  hereafter  to  come, 
in  due  and  convenient  time,  shall  present  theniselveH 
before  us  to  take  the  oath  of  fidelity  and  obedience," 
and  also  as  other  inhabitants  are  used,  to  procure 
a  transport  of  what  they  ])osMess. 

(iiven  under  our  hand  anil  seal  the  lith  day  of 
May,  l(it)2,  in  Fort  Amsterdam  in  New  .Netheriand. 

P.  Htuyvesant.' 

>  |i)w<l  lUiok  III.  :i7,  Sm'.Sliiti''<<illlri>.  Slid  Hnti<  pp.  M-AT  Airtlie  "Uriiui 
Hnfl  conilltlonM"  rofnrrfil  to  In  thiN  ilornnitint. 
*  ,\it'('i|iili-filliy  thiiclmrittrof  *'  KHM^Uinuiiind  Kxeniptloni"  m<*nllonml 

ulHItO  In  JtHI't    04"  of  thin  <^)lHpt)M'." 

TTliu  orlKlniil  In  Itnli'li  of  thin  pnpf^r  In  Iho  wrItcr'N  powtcwilini.  wiiii 
a  f«w  yoiin  nKo  ixi  hlintiilly  iltMtroyoil.  It  !•  reounlud  In  vul,  ix.  of  the 
Stittu  Uecorda  nt  Allwiiy,  W. 


146 


HISTORY  OP  WESTCHESTER  COUNTY. 


The  Dutch  "Transport "  which  was  formerly  in  the 
writer'H  poHSCHsion  was  unfortunately  dt-Htroyed  by 
accident  at  the  same  time  with  tliu  original  (iround- 
briefas  stated  above.  It  vested  the  lands  in  Rich- 
boll  absolutely. 

The  English  Patent  of  Confirmation  of  the  Trans- 
port to  John  Hichbcll  was  grunted  by  Governor  Fran- 
cis Lovelace  on  March  Hi,  lOOM,  and  is  as  follows: — 

The  Entjluh  Patent  of  Vonfirmalion  to  John  Richhell 

Francis   liOvelace,  Esq.,  Governor  General,  under 
his  Royal  Highnexs,  James,  Duke  of  York  and  Al- 
bany, &c.  Ac,  of  all  his  territorictt  in  America,  to  all 
to  whom  these  presents  shall  come,  sendcth  greeting. 
Whereas,  there  is  u  certain  parcel   or  tract  of  land 
within  this  government,  upon  the  main,  contained  in 
three  necks,  of  which  the  eastermost  is  bounded  with 
a  small  river,  called  Mamaronock  river,  being  almost 
•,he  east  bounds  or  limits  of  this  government  upon  the 
in.iin,  and  the  westermnst  with  the  gravelly  or  stony 
brook  or  river,  which  makes  the  east  limits  of  the 
land  known  by  the  name  of  Mr.  Pell's  purchase.  Hav- 
ing to  the  south,  the  sound,  and  running  northward 
from  the  marked  trees  upon  the;  said  neck,  twenty 
miles  into  the  woods,   which   said   parcel  or  tract  of 
land  hath   been   lawfully   purchased   of  the    Indian 
proprietors,  by  John  Richbell  of  Mamaronock,  gentle- 
man, in  whose  possession   now   it   is,  and   bin  title 
thereunto  sufficiently  proved,  l)oth  at  S(!vcral  courts 
of  sessicms,  as  also  at  the  general  courts  of  axsi/.es, 
now  for  a  confirmation  unto  him  the  said  John  Rich- 
bell,  in  his  i)08session  and  enjoyment  of  the  ))reiniseH; 
Kno'ii  ye,  that  by  virtue  of  the  commission  anil  author- 
ity unto  me  given  by  his  Royal  lligbncHs,  I  have 
given,  ratified,  and  cimfirmed  and  granted,  and  Ijy 
these  presents  do  give  and  ratify,  confirm  and  grant, 
unto  the  said  John  Richitell,  his  heirs  an<l  assigns, 
all  the  aforecited  parcel  or  tract  of  land  as  aforesaid, 
together  with  all  woods,  beaches,  nnircbes,  ])a8tures, 
creeks,  waters,  lakes,  fishing,  hawking,  hunting  and 
fowling,  and  all  other  profits,  immunities  and  emolu- 
ments to  the  said  parcel  or  Irairt  of  land  belonging, 
annexed,  or  ai)i)ertaiiiing   with    their  and   every   of 
their  appurtenances,  and  every  part  and  |)arcel  there- 
of, and  in  regard  to  the  distance  of  the  jdantations 
already  settled,  or  to  be  settled  upon  lln^  said  necks  of 
lan<l,  from  any  town,  the  persons  in  hal)iting,or  that  shall 
inhabit  thereupon,  shall  have  a  ]i('tty  constable  chosen 
amongst    tlnsmsolves  ycMirly,   for   preserving  of  the 
peace,  and  decision  of  small  did'ercnces  under    the 
value  of  forty  shillings,  and   they   shall    be   excused 
from  all  common  attendance  at  training  or  other  ordi- 
nary duticji  at  Westchester.     Jiut  in  matters  of  assess- 
ment and  public  rates,  they  are  to  he  assessed  by  the 
officers  of  tliat  town  to  which  they  do  properly  be- 
long, being  the  nearest  unto  them,  to  have  and  to 
hold  the  said  jiarcel  and  tract  of  land  in  the  said  three 
nocks  contained,  and  premises  with  all  and  singular 
the  privileges  and  appurtenance*  to  the  said  John 


Richbell,  his  heirs  and  assigns,  to  the  proper  use  and 
behoof  of  the  said  John  Richbell,  his  heirs  and  as- 
signee's forever,  as  free  land  of  inheritance,  rendering 
and  paying  as  a  quit  rent  for  the  same  yearly,  and 
every  year,  the  value  of  eight  hushels  of  winter 
wheat,  upon  the  five  and  twentieth  <lay  of  March,  if 
dcniAided,  unto  his  Royal  Highness  and  his  heirs,  or 
to  such  governor  or  governors  as  shall  from  time  to 
time  bo  appointed  and  set  over  them.  CJiven  under 
my  hand  ami  seal,  at  Fort  .lames,  in  New  York,  on 
Manhattans  Island,  the  Kjth  day  of  October,  in  the 
twentieth  year  of  the  reign  of  our  sovereign,  I^ord 
Charles  the  second,  by  the  grace  of  God,  of  England, 
Scotland,  France  and  Ireland,  king,  defender  of  the 
faith,  &c.  c&c.  Anno  Domini,  KifiS. 

FlUN(;i8    LOVEI.ACK.' 

The  three  Necks  described  in  this  patent,  were 
called  the  "  East  "  the  "  Middle,"  and  the  "West" 
Necks.  The  Middle  Neck  was  sometimes  styled  the 
"  Great  Neck,"  from  its  longer  extent  of  water  front, 
which  led  to  the  supposition  that  its  area  below  West- 
chester Path  was  greater  than  that  of  the  ICast  Neck. 
Th(!"EaMt  Neck"  extended  from  Mamarf)neck  River  to 
a  small  stream  called  "Pipins  IJrook"  which  divided  it 
from  the  tJreat  Neck  and  is  the  same  which  now  crosses 
the  Boston  Road  just  east  of  the  house  of  the  late  Mr. 
George  Vanderburgh  ;  the  "  Middle  Neck  "  extended 
from  the  latter  stream  westwanl  to  a  much  larger 
brook  called  "  Cedar  or  (Jravclly  Hrook,"  which  is  the 
one  thft  bounds  the  land  now  belonging  to  Mr.  Meyer 
on  the  west ;  an<l  the  "  West  Neck "  extended 
from  the  latter  to  another  smaller  brook  still  further 
to  the  westward,  also  termed  "  Stoney  or  Gravelly 
Hrook,"  which  was  the  East  line  of  the  Manor  of 
Pelham.  A  heated  controversy  arose  between  John 
Richbell  and  John  Pell,  as  to  which  of  the  two  brooks 
last  named  was  the  true  b<iundary  between  them. 
Pell  claiming  that  it  was  the  former  and  that  the 
"  West  Neck  "  was  his  land.  After  proceedings  be- 
fore Governor  I/tvelace  and  in  the  court  of  assi/.es 
the  matter  was  finally  settled  on  the  22d  of  January 
lt)71  by  an  agreement  practically  dividing  the  dis- 
puted territory  between  them.  This  was  approved 
by  (jlovernor  Andros  and  permission  given  for  a  sur- 
vey.' 

F<ir  some  reason  not  now  known,  th(!  survey  and 
division  was  not  actually  ellected  till  1077,  when  it 
was  made  by  Rol  t  Ryder  the  Surveyor-General  as 
follows ; — 

"  Whereas  there  bath  been  a  difference  between 
John  Richbell  and  Mr.  John  Pell  which  by  virtue  of 
an  order  from  the  Right  Honourable  Major  Edmund 
Andros  VM\t.  (jovernor  (ivncrall  of  New  York,  I  have 
made  a  division  of  the  within  mentioned  Neck  of 
Land  by  and  with  the  mutual  consent  of  both  partiea, 


I  Till*  pntniit  la  rnciinlinl  In  Hook  iif  Puti'iiti  I  [.  p.  71,  nt  Albany. 
«  A  I'litiiniiMiniry  ciipy  of  llilii  Rgrmimoiit  >lK»inl  Ijy  I'ell,   with  Aiiilriit' 
IHTiiilt  aiiUKXiHl  la  III  tlin  wrltar'a  pwawaaluu. 


THE   ORIGIN  AND   HISTOllY   OF  THE   MAxNOllS. 


147 


which  Ih  in  manner  and  form  em  \n  hereafter  cxpretiscd 
viz.'  That  the  Haid  Hichl)ell  shall  extend  from  Cedar 
Tree  Brook  or  Gravelly  Brook,  south  westerly  fifty 
degrees  to  a  certain  mark'd  Tree,  lying  above  the  now 
comon  Road  thirty  and  four  chains  in  length,  marked 
on  the  east  with  R  and  on  the  west  with  P,  thence  ex- 
tending south  eixty  three  degrees  East  by  certain 
marked  Trees  plixed'  ending  by  a  certain  piece  of 
Meadow  at  the  Salt  creek  which  runs  up  to  Cedar 
Tree  Brook  or  Gravelly  Brook,  extending  from  the 
first  marked  Trees  Nor  Nor  \Ve«t  to  Brunkes's  River 
by  certain  Trees  in  the  said  Line  marked  upon  the 
west  with  P.  and  upon  the  east  with  H.  performed 
the  twenty  second  day  of  May  1()77. 

p'  me  Robert  Ryder  Surv." 
The  preceeding  Surveyor  above  mentioned  is  mu- 
tually consented  unto  by  the   above  mentioned  Mr. 
John  Richbcll  and  Mr.  John    Pell  in  presence  of  its. 

Thomas  Gibbs 
AValter  Webbs 
John  Sharp 
Joseph  Carpenter.''' 
Thus  was  permanently  settled  the  controversy  re- 
garding the   West  Neck,  a  settlement  which  finally 
determined  the  eastern   boundary    of  the  Manor  of 
I'eiham.     As  neither  the  Middle  or  Great  Neck,  nor 
the  West  Neck,  formed  any   part    of   the    Manor  of 
Hcarsdale,  an  account  of  them  will  not  be  given  here, 
but  will  be  found  in   the  chapter  on   the  Town  of 
Maniaroneck  as  now  erected. 

In  Kichbell's  Petition  of  the  :J4th  of  December 
I6!>1  to  the  Dutch  Government  for  a  ground-brief 
above  given,  he  says  the  name  of  the  "  East  Neck  " 
is  "  Mamaranock  Neck."  A  misreading  by  Mr. 
Bolton  of  the  first  of  these  two  words  in  this  docu- 
ment as  recorded  led  to  his  stating  in  the  first  edition 
of  his  History  of  Westchester  County  issued  in  1848, 
(vol.  i.  282)  that  the  "  aborigiiuil  name"  of  the  East 
Neck  wiut  "  Wanmainuck,"  and  the  error  has  con- 
tinued in  the  second  edition,  (vol.  i.  408).  This  bus 
led  8UbBe<|Uent  writers  to  repeat  the  statement.  It 
was  however  purely  a  mistake  of  Mr.  Bolton.  The 
true  "  aboriginal  name "  of  the  East  Nock  was 
"  Mamaranock,"  the  same  as  the  rive;  which  formed 
its  eastern  boundary.  This  word  was  -ipclkM  in  very 
many  ways,  in  early  days,  by  the  l)ii:cli  and  I'lngllsh 
in  public  and  private  letters,  documeiK  :,  and  instru- 
ments, but  all  aiming  at  giving  the  original  Indian 
sound.  In  the  early  part  of  the  eighteenth  century 
the  present  spelling  "Maniaroneck"  obtained  and 
hiui  ever  since  been  used.  It  is  the  Indian  name  of 
the  River  Mowing  into  the  head  of  the  Harbour. 

Like  most  Indian  names  it  is  descriptive  of  a  strik- 
ing natural  object  and  ell'ect,  and  signifies  "The  Place 
where  the  Fresh  water  falls  iuto  the  Salt."     A  short 


)  So  ti)  (lin  nrlKlnal. 

>  I'rum  « I'utuiiiiiumrjr  uopy  of  tliu  uriKliiitl  lu  th«  wrllar'i 


distance  above  tht;  present  bridge  between  the  towns 
of  Mamaroneck  and  Kye  where  the  river  bonds  sud- 
denly to  the  east  and  then  takes  a  northerly  course, 
a  rocky  reef  originally  crossed  it  nearly  at  right 
angles,  causing  the  fornuition  of  "  rapids."  It  was 
high  enough  to  prevent  the  tide  rising  over  it  at  high- 
water,  so  that  the  fresh  water  of  the  river  always  fell 
directly  into  the  salt  water  of  the  harbour,  and  at  low 
water  with  a  strong  rush  and  sound.  It  was  thus  a 
striking  and  unusual  occurrence  in  nature,  and  is  the 
source  of  the  Indian  name  of  the  River  itself  and  of 
the  East  Neck  of  which  it  wiw  the  eastern  boundary. 
No  authority  has  been  found  for  another  significa- 
tion "  the  place  of  the  ndling  stones  "  that  has  been 
ascribed  to  the  word  "Mamaroneck"  by  Mr.  Bolton. 
Rolling  stt)nes  are  not  found  anywhere  in  the  neigh- 
borhood, the  rocks  being  what  the  geologists  call 
ill  situ,  and  the  boulders  of  huge  size  and  weight. 

Richijell's  Patent  of  confirmation  from  frovernor 
Lovelace  is  dated  Octol)cr  Kith,  HJliS.  On  the  14th  of 
the  ensuing  November,  twenty-eight  days  later,  he 
conveyed  the  East  Neck  to  Margery  Parsons,  his 
wife's  mother,  "  for  valuable  consiileration  of  certaine 
goods  formerly  delivered  and  paid  unto  me  by  Mrs. 
Margery  Parsons  upon  the  Island  of  St.  Christopher's 
in  America."  Two  days  afterward,  on  the  Kith  of  No- 
vember KJ(i8  Margery  Parsons  conveyed  to  her  daugh- 
ter Mrs.  llichbell  the  East  Neck  "  for  that  singular 
'  and  dear  affection  I  have  and  bare  to  my  most  dear 
daughter  Mrs.  Ann  llichbell  wife  of  the  said  Mr. 
John  Richbcll  for  her  dutiful  observance  towards 
me."*  By  way  of  making  this  provision  for  his  wife 
more  secure,  John  Uichbell  settled  the  same  East 
Neck  upon  her  as  a  jointure,  by  a  deed  in  trust  to 
John  Ryder  dated  2.'fd  of  April,  Ki(i!(,  "in  considera- 
tion of  a  marriage  long  since  had  and  solemnized 
between  tlu;  sai<l  .lobn  Kichoell  and  Ann  his  present 
wife,"  an<l  therein  describes  the  Neck  as  follows,  "All 
that  purcell  or  neck  of  Land  where  he  now  Lives 
calb.'d  the  East  Neck,  and  to  begin  at  the  Westward 
part  thereof  at  a  ct^rtaine  crt^eke  lying,  being,  and  ad- 
jacent by  and  betwixt  y'  .Necks  of  Land  commonly 
luilled  y"  (Jreat  Neck,  and  the  East  Neck,  and  so  to 
run  eastward  as  farr  as  Momorononeck  River,  includ- 
ing therein  betwixt  tlu!  said  two  lines,  all  the  land  as 
well  North  into  y*  woods  above  Westchester  Path 
twenty  miles,  as  the  lands  bolowe  the  Path  southward 
towards  the  Sound."* 

John  Kichbell  died  the  26th  day  of  July  Ki84," 
leaving  his  widow  him  surviving,  in  whom  his  entire 
real  estate  vested  in  fee  absolutely  under  the  above 
d(wl8  and  jointure,  except  what  little  he  and  his  wife 
had  together  c(mveye<l  in  his  lifetime. 

"  Aiicinnt  iTupy  iif  lliK  ilmxl  In  wrUvr'a  iMMnnloii.  tt  la  also  Rsearded  In 
8<Ni' (illlri)  Hiiil  III  W(«l.  Cu. 

^  AiK-it'iit  eupy  uf  this  nrtKliiul  III  the  wrItur'N  |Hi«ii>iMlun,  urlKdml  not 
rui'onloil. 

'  Aiicliiiit  ciipy  Id  wHtora  |h.im(imIuii.  \\m  reounlwl  In  Ixiuk  A,  iM 
Ai)  W.i.e.  (!.i. 

>  Wiitl.  (;u.  RacunUIilb.  A.  |i  .14. 


148 


HISTORY  OF  WESTCHESTER  COUNTY. 


On  the  23d  of  December  1697  Mrs.  Ann  Richbell 
conveyed  the  entire  East  Neck  and  all  her  right,  title 
and  interest  therein  and  thereto,  by  a  full  covenant 
warranty  deed,  in  consideration  of  £600  New  York 
currency,  to  "Coll.  Caleb  Heathcote,  Mayor  of  the 
Borough  of  Westchester,"  his  heirs  and  assigns  forever 
in  fee  simple  absolute,  excepting  only  a  small  tract 
previously  deeded  as  a  gift  to  James  Mott  and  his 
wide  in  1684,  and  another  small  piece  deeded  as  a  gift 
to  John  Emerson  on  the  30th  of  Sept  1686,  which 
latter  was  subsequently  conveyed  by  Emerson  to  Mott 
by  deed  dated  25th  of  June  1690,  the  wives  of 
both  being  daughters  of  Mrs.  Richbell.  The  deed  to 
Colonel  Heathcote  also  provided  that  "  this  Deed  of 
Sale  shfill  not  obliedge  the  said  Ann  Richbell  to  make 
good  to  the  sail'  Caleb  Heathcote  any  of  the  outlands 
within  the  Two  Miles  further  than  her  right  and  title 
therein."  With  these  exceptions  Ann  Richbell's  en- 
tire right  title  and  estate  under  the  deeds  and  Patents 
of  her  husband  John  Richbell  was  conveyed  to,  and 
vested  absolutely  in.  Colonel  Caleb  Heathcote.' 

The  above  reservation  to  Mott  referred  to  a  small 
piece  of  upland  at  the  entrance  to  that  portion  of  the 
East  Neck,  subsequently,  and  to  this  day,  called  "De 
Lancey's  Neck,"  of  about  thirty  acres  deeded  by 
Mrs.  Richbell  to  Mary  and  James  Mott  on  the  8  August 
1684,  which  from  Mott's  heirs  finally  became  vested  in 
the  late  Giles  Seaman  after  whose  death  it  passed  by 
sale  to  the  late  Isaac  Hall,  who  sold  it  in  his  life- 
time to  its  present  owner,  who  built  upon  the  prem- 
ises the  fine  summer  hotel  now  called,  from  his  own 
name,  the  "Rushmore." 

The  last  and  only  other  reservation  in  the  above 
deed  to  Col.  Heathcote  related  to  some  lands  which 
Richbell  and  his  wife  in  his  lifetime  had  sold  in  small 
parcels  which  he  called  "  Alottments  or  House  Lotts." 
It  will  be  recollected  that  Richljell'sobject  was  to  estab- 
lish a  quiet  place  for  trade  at  Mamaroneck.  In  his 
application  to  the  Dutch  Director  and  Council  for 
leave  to  purchase  the  Indian  title  and  their  ground- 
brief,  above  given,  authorixing  hiui  so  to  do,  mention 
is  made  of  some  persons  who,  with  his  ]>ermi8sion, 
would  settle  there  with  him,  and  for  whom  he  made 
himself,  and  was  held  to  be,  responsible.  These  ap- 
pear to  have  been  {)ersons  from  Oyster  Bay  on  Long 
Island  and  Manussing  Island  in  Rye, between  which 
places  a  sort  of  ferry  communication  across  the  Sound 
then  existed.  Nothing  rcnuiins  to  show  whether  the 
trade  of  Modiford  Sharpe  and  Richbell  was,  or  was 
not,  profitable.  If  the  latter,  it  could  not  have  been 
BO  very  long,  for  the  English  conquest  of  New 
Netherland  in  1('>64,  three  years  after  Richbell's  pur- 
chase of  Mamaroneck,  jiut  an  end  to  its  advantages 
for  a  contraband  business.  Aft^erhis  controversy  with 
Pell  was  terminated  in  1671   as  shown  above,  Rich- 


■  Thla  diiml  wu  soknuwlpilK)"!  by  Ann  Kichlioll  Miirih  2'i'  IliliT  Imruie 
"Josrpb  TliealJiiatice"  a'lil  waa  recorded  iii  Lib.  B,  uf  Weit.  Co,  Reu- 
ordi ;  p3Tl  Ac  .rune  ISt^  1608. 


bell  did  little  or  nothing  practically  towards  settling 
Mamaroneck.  His  English  Patent  was  issued  October 
16,  1668.  A  few  months  later  he  apparently  set  apart 
a  strip  adjoining  the  north  side  of  the  old  Westches- 
ter path  or  road  from  the  crossing  of  Mamaroneck 
river  down  to  and  along  the  shore  of  the  harbour  west- 
ward for  what  he  termed,  "  Alottments  or  House 
Lotts ''  eight  in  number.  The  first  deed  from  him- 
self and  wife  was,  it  is  believed,  made  to  one  John 
Bassett  on  the  4th  of  March  1669,  for  number 
"four"  of  these  "House  Lotts."  It  was  a  deed  of 
gift,  the  consideration  being  "  the  Good  opinion  and 
Good  affection  we  beare  to  Mr.  John  Bassett."  It  was 
bounded  east  by  No.  three,  and  west  "  with  my  own 
house  lot  named  No.  five."  It  reserved  a  rent  of 
"one  bushel  of  winter  wheat  payable  annually  on 
the  25th  of  March,"  and  "  one  day's  work  each  yearly 
harvest;"  and  prohibited  any  sale  of  the  land  "but 
by  and  with  the  consent  and  approbation  of  the  said 
John  Richbell  or  Ann  his  wife."  Of  the  other  six 
"  House  Lotts"  those  which  were  sold  were  conveyed 
in  a  similar  manner  and  with  similar  reservations, 
except  that  the  consideration  was  in  monev.  To  each 
"  House  Lott "  was  appurtenaut  an  undivided  eighth 
part  of  a  tract  in  the  rear  of  the  "  House  Lotts," 
which,  with,  and  including,  the  latter,  extended  two 
miles  "  northwards  into  the  woods."  *  Later  with  the 
consent  of  his  grantees  he  had  a  survey  made  of  this 
tract,  by  Robert  Ryder  the  Surveyor-General  of  the 
Province.  The  original  is  in  the  writer's  possession, 
and  is  in  these  words : 

THE   FIR8T     8UUVEY   OF   MAMARONECK. 

"These  may  certifie  all  whom  it  may  conserne  y' 
by  a  mutual  I'onsent  agreed  on  betweene  Mr.  John 
Richbell  &  the  inhabitants  of  Momoronacke  I  have 
runn  out  a  certaine  tract  of  Land  w"*"  is  in  partner- 
ship betweene  the  said  Inhabitants  and  the  said  Mr. 
Jo."  Richbell,  beginning  at  Momaronacke  [River] 
running  thence  southwesterly  fifty  degrees  along  the 
barber  ninety  and  two  chains  :  to  a  certaine  runn  or 
Swamp  called  Dirty  Swamp  :  running  thence  to  the 
Halls  of  Sheldrake  River  including  the  said  ffalls 
within  the  said  line  :  N.  W.  20  degrees:  forty  and  five 
chaine:  running  thence  upon  a  N.  W.ly  [line]  45 
degrees  to  a  certaine  Bocky  hill  being  upon  the 
Southermost  pt.  of  the  greate  pl.iine,  one  hundred 
twenty  and  two  chaines:  running  thence  by  pt.  of 
the  edge  of  the  plaine  &  threw  the  woods  to  Momor- 
ronacke  River  one  hundred  twenty  &  seaven  chainea  : 
ffrom  thence  running  by  the  side  of  the  River  to  the 
Going  over  of  the  said  River:  one  hundred  &  sixty 
chaines.  &in  testimony  hereof  I  have  hereunto  sett 
my  hand  this  16'"  ffeb :  1678.  Ro.  Ryder 

Surueye' : " ' 

>  These  detalla  are  taken  from  a  copy  of  the  dee<l  to  liaaaett,  In  th* 
writer's  poeacsalon.  It  does  not  Hpi)ear  on  the  Woatcheeter  Records  nor 
on  thoee  of  the  town,  which  begin  only  In  1(1(17. 

>ThU  aurvey  waa  lubaciiuently  on  the  II'''  of  Auguat,  1687,  recorded  In 
Weat'.  Co  Lib  A,  149. 


THE   ORIGIN   AND   HISTORY   OF  THE   MANORS. 


149 


Richbell's  Patent  of  1668  ran  according  to  its  terms 
North  Northwest  twenty  miles  into  the  woods,  its 
eastern  boundary  being  the  Colony  line  fixed  Decem- 
ber Ist  1664  by  Governor  Nichols,  and  Commission- 
ers Cartwright  and  Mavericke  on  the  part  of  the 
Duke  of  York  and  Gov.  Winthrop  Secretary  Allyn, 
and  Messrs.  Richards,  and  Gold,  on  the  part  of  Con- 
necticut. That  line  these  Commissioners  thus  offi- 
cially describe  in  their  formal  treaty  between 
the  two  Colonies  ; — "  We  order  and  declare  thai  the 
creeke  or  river  called  Mamoroneck  which  is  reputed 
to  be  about  thirteen  miles  to  the  east  of  Westchester, 
and  a  line  drawn  from  the  east  point  or  side  where 
the  fresh  water  falls  into  the  Salt  at  Highwater-Mark 
North  Northwest  to  the  line  of  the  Maasachusetts  to 
be  the  western  bounds  of  the  said  Colony  of  Connec- 
ticut." This  line  remained  unchanged  till  1683, 
nineteen  years  later,  when  the  boundary  was  fixed  at 
the  mouth  of  Byram  River  as  its  starting  point.  Con- 
sequently the  direction  of  the  lines  of  Richbell's 
Patent  being  the  same  as  that  of  the  Colony  line 
of  1664,they  could  not  be  legally  set  aside  or  suc- 
cessfully disputed  in  a  Court  of  law.  But  certain 
"  Ryemen  "  being  of  Connecticut  origin  did  make  a 
claim  to  Richbell's  lands  in  the  Whiteplains,  as  belong- 
ing to  them  by  virtue  of  a  deed  from  an  Indian  named 
Shapham,  and  several  other  Indians  to  "  the  Town 
of  Rye  "  dated  22d  Novemb.  1683 — twenty-two  years 
after  Richbell's  purchase  of  the  lands  in  September 
16G1.  But  this  deed  was  not  obtained,  nor  the  claim 
under  it  made  by  the  "Ryemen,"  until  Richbell  was 
about  to  dispose  of  his  lands  in  Whiteplains.  What  a 
perfect  "  Yankee  trick  "  this  claim  was  is  shown  by 
the  fact  that  it  describes  the  Whiteplains  as  being 
"within 'the  town  bounds  of  Rye,"  when  six  days 
after  its  date  the  then  pending  public  negotiations 
fixed  the  boundary  line  at  Byram  River,  and  Rye 
ceased  to  be  a  part  of  Connecticut,  as  she  claimed  to 
be  and  from  which  she  got  her  "  town  bounds."  It 
was  obtained  in  a  hurry  ho  as  to  base  on  it  a 
claim  for  the  land  as  a  part  of  Connecticut.  Smart 
as  it  was,  it  proved,  in  the  end  a  complete  failure. 
The  claim  of  the  "  Rye  Men  "  was  simply  a  claim 
under  the  charter  of  Connecticut,  which  they  insisted 
took  in  every  part  of  Westchester  County  across  to 
the  Hudson  River.  Richbell  at  once  brought  the 
matter  before  Governor  Dongan  by  the  following 
complaint  and  petition  for  redress  : 

richbell's    I'KTITION    AOAI.VHT  THK  CLAIM  OF  RYE- 
MEN TO  WHITEPLAINH. 

To  the  Right  bono:'""  Coll  Tho  Dongan  Leiv'  Govern' 

and  vice  admirall  under  his  Roy"  high"  of  N. 

Yorke  and   Dependences   in  America  &c.  And 

to  the  hono'''°  Councell. 

The  humble  Peticon  of  John  Richbell  of  Momoro- 

neck  Oentl. 

Humbly  Sheweth  That  whereas  your  Petition' 
hath  been  for  Severall  years  Possessed  and   Knjoyed 


of  a  Certain  Tract  or  Parcell  of  Land  within  this 
Governm'  upon  the  maine.  Contained  with  a  small 
River  Commonly  called  Momoroneck  River  being 
also  the  East  bounds  or  Limitts  of  this  Governm' 
upon  the  maine,  and  the  Westermost  with  the  grav- 
elly or  Stony  brooke,  or  river  which  makes  the  East 
limitts  of  the  Land  knowne  by  the  name  of  W"* 
Pell's  Purchase  haveing  to  the  south  the  sound  and 
runing  northward  from  the  marked  Trees  upon  the 
said  Neck's  twenty  miles  into  the  woods  the  which 
said  Parcell  or  Tract  of  Land  hath  been  heretofore 
Lawfully  purchased  of  the  Indian  Proprietors  by  the 
said  John  Richbell  Gentl  and  his  Right  and  Title 
thereunto  Sufficiently  Proved  as  f*  his  Pattent  from 
Governour  Lovelace  bareing  Date  the  IG""  of  October 
in  the  20""  yeare  of  his  Ma'  Reigne  Anno  Dom  1668. 

Relation  being  thereunto  had  will  more  fully  & 
at  large  appeare.  Butt  now  soe  it  is  may  it  please 
your  bono'  and  the  hono''"  Councell  haveing  a  Desire 
to  dispose  of  some  Quantity  of  said  Land  which  is 
Called  the  Whiteplaines  and  is  men^oned  within  said 
Pattent  to  Severall  Persons  whose  names '  are  Sub- 
scribed to  a  writeing  hereunto  annexed  for  the  better 
Improvem'.  And  manureing  the  same  &  to  Settle 
thereon  with  themselves  and  familyes  is  wholly  Ob- 
structed and  hind''  by  Ryemen  haveing  made  a  greate 
Disturbanceamongst  them  and  Pretends  a  right  to  the 
Same  therefore  Cannot  dispose  of  any  part  or  p'cell 
thereof  till  your  bono'  will  be  pleased  to  grant  an 
Order  to  Cleare  the  Same. 

Therefore  humbly  pray  and  beseech  your  bono' 
and  the  bono'"'"  Councell  that  you  will  bee.pleased  to 
take  the  Premises  into  your  serious  consideration  and 
grant  an  order  to  Cleare  the  same  Accordingly  Desire- 
ing  only  the  privlidges  as  fiirr  as  his  Pattent  doth 
Extend.    And  shall  pray  &c  John  Richbell. 

This  petition  came  up  Cor  hearing  before  the  Gov- 
ernor on  the  17""  of  March  1684,  and  the  people  of 
Rye  were  summoned  to  show  cause  at  the  next  Court 
of  Assize  why  John  Richbell  was  not  the  true  owner 
of  the  lands  in  question.  But  before  the  next  Court 
sat,  Richbell  passed  from  earth,  his  death  occurring 
on  the  26th  day  of  July  1()84.  He  left  his  widow 
Ann  and  three  daughters,  Elizabeth,  second  wife  of 
Adam  Mott,  of  Hempstead,  Mai-y,  the  wife  of  Capt. 
Jumes  Mott  and  Anne,  the  wife  of  John  Emerson,  of 
Maryland,  his  only  children  him  surviving.  The 
Rye  claim  however  did  not  die,  but  remained  a 
source  of  annoyance  to  his  widow.  In  1694  the  mat- 
ter came  to  a  head.  Mrs.  Richbell  served  the  follow- 
ing Protest  upon  the  Rye  jjcople  at  a  town  meeting, 
imd  subse<|uently  began  a  suit  at  law  to  test  the 
(jue-tion. 

I'ROTEST  OF  MR8.  RICHBELL   AGAINST  RYE.' 

"To  all  Xt'"  People  to  whome  this  present  Proteflt 


1  These  ntiniefl  tin  not  ai)iM*Ar  upon  tbu  rucurd  nt  Albany. 

< Fnnii  tli«  i>r<i;lni>l  in  tliu  writor'i  iwMeMtnu.  It  li  recordtd  In  Lib,  A 

Went.  r<i.  ReionU,  llW.  .  •  .   -  , 


IfiO 


HISTORY  OF  WESTCHESTER  COUNTY. 


shall  Come  Greeting :  Know  yee  that  whereas  I  Ann 
Richbell  of  Momorronock  in  the  County  of  Wesi- 
chest'  in  the  province  and  Colony  of  New  yorke  the 
Widdow  and  Relict  of  Jn°.  Richbell  E8q^,  Deceased 
Am  Credebly  Informed  that  Humphry  Underhill 
and  severall  other  persons  belongeing  to  the  Towne  of 
Rye  have  made  a  forcable  Entry :  and  are  further 
proceeding  in  the  Like  Manner  Upon  and  into  Sever- 
all  parcells  and  Tracts  of  Land  within  the  pattent 
Right  of  me  the  said  Anne  Richbell  as  may  and  dos 
Appeare  by  the  Grand  Pattent  Granted  under  the 
hand  andSeale  of  Coll  Frances  Lovelace  the  then  Gev- 
erno'  of  this  Province:  it  Contrary  toy"  Peace  of  their 
Maj""*  &  Therefore  know  Yee  y' I  Ann  Richbell  of 
Momorronock  aforesaid  being  the  triif  &  Absoelute 
Owner  of  the  said  Tracts  or  parcells  of  Land  doe 
Protest  Against  &  forbidd  any  Person  whatsoever 
for  making  any  forcable  Entry  upon  the  same  or  any 
part  or  parcell  thereof  and  likewise  do  warue  and 
desire  all  such  persons  that  have  already  made  such 
forceable  entry  thereon  or  upon  any  part  or  parcell  of 
the  said  Pattent  as  aforesaid  that  they  expell  and 
forthwith  remove  therefrom,  and  further  do  protest  ag' 
the  Register  of  the  County  and  doe  forbid  him  at  his 
perrill  no'  to  enter  any  of  their  privite  agreem."  or 
writing  in  the  Records  ot  the  County  in  presence  of 
James  Mott  Justice  of  the  peace  and  Benjamin 
Collier  Esq'  High  Sherift"  of  the  said  County:  In 
Consideration  whereof  I  doe  hereby  obleidge  myselfe 
and  my  heirs  Execut"  and  Administrators  firmly  by 
these  p'senta  :  to  Jndemnifie  and  Keepe  harmless  the 
said  Regist^ff  concerning  y°  Premises  aforesaid  In 
wittness  whereof  I  have  hereunto  put  my  hand  and 
scale  this  twenty  sixth  day  of  February  in  the  sixth 
year  of  their  Maj"""  Reigne  Annoq'  Domj  l(')9ij  Ac- 
knowledged before  us  by  the  above  Ann  Richbell  to  be 
her  Act  &  deed  the  day  and  date  above  written. 

Ann  Richbell     [flj^ 

James  Mott  Justis  Pece. 

Joseph  Lee  Pub.  Not*. 

This  lustrum'  was  Read  ata  publick  Towne  meeting 
at  y'  Towne  house  of  Rye  the  day  and  date  above 
written,  and  their  Answer  was  if  they  did  not  meddle 
or  make  with  any  Lands  that  belongs  to  M"Richbells 

itentBut  at  the  same  Time  they  was  makeing  a 
Uenerall  Agreem'  to  Lay  out  and  devide  a  parcell  of 
Land  the  said  M"  Richbell  Layeth  Clame  Too  by 
virty  of  her  said  Pattent. 

,    -  Test  Joseph  Lee  t''  Comitt. 

Wostchest'." 

This  Instrum'  is  Recorded  in  the  Records  of  the 
County  of  Westchcsf  in  Booke  N°  B.  Foleo,  168 : 
169. 

The  suit  referred  to  was  tried  at  the  then  County 
town  of  Westchester  in  December  lOflG  and  resulted 
in  favor  of  Mrs.  Richbell.  The  following  is  the 
verdict,  which  is  printed  from  a  copy  certified  by  the 
Court  clerk  at  the  time,  now  in  the  writer's  possession. 


It  is  believed  to  be  the  only  Westchester  County  Court 
document  of  the  kind  of  the  seventeenth  cer'ury 
which  has  come  down  regularly  to  a  present  represen- 
tative in  interest  of  one  of  the  parties  to  the  original 
action.  Its  form  being  somewhat  different  from  that 
now  ufted,  and  showing  the  names  of  the  Judges,  Ju- 
rors, and  Cv  unsel,  and  the  summary  of  tiie  evidence, 
gives  it  greit  and  curious  interest. 

Verdict  for  Mrs.  Richbell. 
"  Westcheste' 
Countys  Ss.     Att  a  Court  of  Pleas  held  at  Westchester 

for  the  said  County  Dec.  y'  3"",  &  fourth  in  the 

Eight  year  of  his  Majestie's   Reigne,    Annoq" 

Domj.  1696. 
Present 
The  Honob'"  James  <     .ham,  Judge,  John  Pell,  John 

Hunt,  Wm  Barnes,  Thos  Pinkney,  Esq". 
Maddam  Richbell  by  Peter  Chock   Atturney   Read 
the  Pattent  &  Joynt' '  &c. 

Upon  which  the  Jury  was  Impanneld  &  Swore,  viz. 


Edm^  Ward 
Juo.  Bayly 
Gabriel  1  Leggatt 
Joseph  Hunt,  Sen' 
Thomas  Baxter 
Charles  Vincent 


Thomas  Bedient 
Robt.  Hustice  Jun' 
Wm  Davenport 
John  Barrett 
Roger  Barton 
Thomas  Shuite 


Mr.  Underhill  Reads  an  ord'  about  the  Line 
betweene  this  Province  and  Canniddecott  and  Pleads 
the  Land  in  question  not  within  this  Governm'  but  in 
Canniddecott. 

Mr.  Peter  Cock^  Pleads  that  Joseph  Lee'  might  be 
swore  to  give  what  Report  he  cann  about  the  Surveigh 
of  the  now  Surveyo'  Generall,  who  upon  oath,  saith, 
that  he  begun  his  Survey  at  or  about  Monloronock 
Bridge :  *  and  soe  Runn  up  by  the  River  till  till  he 
Came  where  Umphry  Underhill  Lives,  who  made 
opposition  with  Gunns,  Stones,  &c.  and  soe  went  no 
further. 

(vert.) 

The  Pattent  with  the  rest  of  Papers  needftill  Given 
to  the  Jury,  and  the  Sherrife  Sworne  to  Keepe  them 
from  fire  and  candles  &c.  untill  they  bringe  in  their 
verdict, 

viz. 

The  Jury  find  that  Momorronack  River  isthe bounds 
of  Richbells  Pattent  where  the  fl'resh  water  ffals  into 
the  salt  in  said  Rivr,  and  from  thence  a  northerly 
line  into  the  woods:  and  if  theTenn'in  Possession  be 
on  the  West  side  of  said  Line  then  wee  find  for  the 
plaintive,  otherwise  for  the  Defendant. 

Joseph  Lee,  CI." 

It  would  have  been  of  more  interest  still  at  this 

>  Joliitnro. 

2So  in  the  original. 

a  Tim  ('i)uuly  RonUlcr,  anil  al«o  Clerk  of  the  C!onrt. 

*T1ki  iirigiMiil  briilgi',  which  was  nonip  dinlanco  north  of  the  preaent 
liriilgii,  llie  loi'iitiuii  of  which  wan  onlyniaile  In  IWKI,  liy  the  Woitcheater 
Ttirnpikc  (.'onipany  luuliT  their  charter  of  that  year. 


THE   ORIGIN   AND  HISTORY   OF  THE   MANORS. 


161 


day,  had  it  given  the  exact  location  of  the  premises 
for  which  the  suit  was  brought.  It  is  believed  to 
have  been  the  land  of  one  Hunt,  son-in-law  of  Under- 
hill,  who  lived  above  and  adjoining  him  on  the  upper 
part  of  Mamaroneck  River;  but  this  is  only  a  sur- 
mise. 

This  decision  finally  established  the  east  boundary 
of  Richbells  Patent  and  settled  the  legal  aa  well  as  ac- 
tual direction  of  both  the  east  and  the  west  bouudary 
lines  of  that  Patent.  In  the  next  century  two  con- 
troversies arose  regarding  the  location  of  the  dividing 
line  between  the  east  and  the  Middle  Necks  of 
Richbell's  Patent,  one  in  1731  and  the  other  in  17(58, 
both  of  which  were  decided  in  favor  of  the  Proprietors 
of  the  Manor  of  Scarsdale,  which  included  the  East 
Neck,  the  particulars  of  which  belong  more  appropri- 
ately to  the  history  of  Mamaroneck  as  a  town  under 
the  Act  of  1788. 

We  now  turn  to  Colonel  Heathcote's  title  to  the 
part  of  the  Manor  which  he  obtained  directly  from 
the  Indians.  This  was  the  portion  between  Hutch- 
inson's River  and  the  Bronx,  bordering  to  the  south 
on  the  Eastchester  Patent,  now  a  part  of  the  town  of 
Scarsdale,  a  tract  which  in  the  Colony  days  bore, 
and  to  a  certain  extent  still  bears,  the  local  name  of 
"  The  Fox  Meadows."  It  is  thus  described  in  the 
Indian  deed  from  Patthunke,  Beopo,  Cohawney,  and 
Wapetuck  to  Colonel  Heathcote,  "  To  begin  on  the 
west  side  at  southermost  end  of  a  ridge  known  by  the 
name  of  Richbell's  or  Horse- Ridge  at  a  great  Rock 
and  80  to  run  a  north-northwest  line  to  Broncks's 
River,  and  on  the  eastermost  side  from  Mamaroneck 
River,  and  from  the  head  thereof  to  Broncks's  River."  ' 

Nearly  a  year  later,  another  deed  was  executed  to 
Colonel  Heathcote  by  three  of  the  above  named  In- 
dians, Pathunke,  Wapetuck,  and  Bcopo,  for  that  part 
of  the  land  lying  between  the  above  tract  and  the 
Eastchester  Patent  line  in  which  it  is  thus  described, 
"  butted  and  bounded  as  followeth  Eastwardly  by  the 
marked  trees  or  westermost  bounds  of  a  certain  tract 
of  Land  sold  by  the  said  Beopo  Patthunke  Wapetuck 
&  Cohawney  to  the  said  Heathcote  bearing  date  the 
thirtieth  day  of  March  one  thousand  seven  hundred 
and  one,  northwardly  by  Bronxe's  River  Southwardly 
and  Westwardly  by  Henry'  Fowler's  purchase  and 
others."  '■'  Thirty  years  afterward,  in  the  tirst  of  the  two 
suits  above  alluded  to  instituted  by  the  then  propri- 
etors of  the  Manor  of  Scarsdale  against  one  Quimby  for 
trespass,  Henry  Fowler  gave  the  following  account  of 
the  circumstances  of  this  purchase  of  Colonel  Heath- 
cote, in  the  form  of  an  attidavit ; — "  Memorandum 
that  on  y"  Sixth  day  of  May  1731  in  the  fourth  year 
of  his  Majesties  Keigu  Annoq.  Doni.  1731,  Henery 
fVowler  Sen'  of  Eastchester  in  y'  County  of  West- 
chester and  Collony  of  New  York,  yeoman,  of  full  age 
Being  sworne  on  ye  Holly  Evangelist  of  Almighty 


>  Froiii  the  original  ilt't-il  iloteil  M  Murrh  ITflO-1. 

>0riglual  dooil  Id  the  writnr'a  paawnlun  rtntvil  24  Feb.  1701-3. 


God,  Saith  ; — that  about  the  time  Coll.  Caleb  Heath- 
cot  was  lying  out  the  purchase  which  is  commonly 
called  the  fox  meadow  i)urcha8e.  Coll.  Heathcott 
Desired  said  Henery  Fowler,  this  Deponent,  to  show 
him  said  Coll.  Heathcott  the  bounds  of  the  Indian 
purchase,  that  the  said  Henery  (fowler  this  Deponent 
had  purchased  of  the  Indians  Ann  Hook,  Woupa- 
topas,  &c.  for  himself  and  others  his  neighbours  • 
this  Deponent  further  saith  that  Coll.  Heathcott  fur- 
ther said  to  him,  I  have  purchased  a  tract  of  Land  of 
the  Heathen  Joyning  to  your  bounds  ;  this  Deponent 
further  saith  that  he  went  along  with  Coll.  Heathcott 
and  showed  him  his  bounds  of  the  land  he  had  pur- 
chased of  the  Heathens  for  himself  and  neighbours, 
which  was  from  the  Head  of  Hutchinsons  River  a 
straight  course  to  Brunksis  River  to  a  marked  tree, 
which  Coll.  Heathcott  acknowledged  to  be  his  Bounds 
of  his  Indian  Purchase,  and  this  Deponent  further 
Saith  that  he  hath  no  claim  to  any  parts  of  the  lands 
in  y'  Indian  purchase  or  lands  therein  contained 
which  the  said  Henery  (fowler  purchased  for  himself 
and  neighbours  adjoining  to  Coll.  Heathcotts;  and 
that  he  Doth  not  now  Declare  this  truth  either  in 
hopes  of  loss  or  gain,  or  through  any  fear,  or  in  hopes 
of  gaining  any  favour  or  affection  of  any  person  what- 
soever, and  further  this  Deponent  saith  not. 

Henery  (fowler. 

This  Deponent  being 

about  Seventy  four  years 

of  age  was  sworn 

before  me  ye  date  aforesaid. 

Sworn  before  me  one  of  his  ' 

Majesties  Justices  of  the  peace 

for  Westchester  County. 

John  Ward,  Justice." 
In  1696,  the  year  before  Colonel  Heathcote  pur- 
chased from  her  the  Mamaroneck  lands,  he  obtained 
from  Mrs.  Richbell  her  written  consent  to  his  getting 
the  usual  deeds  of  Confirmation*  from  the  then  Indians 
of  the  neighborhood  for  the  lands  formerly  bought 
from  Wappaquewani  and  other  Indians  by  her  hus- 
band John  Riehbell.  The  above  deeds  seem  also  to 
have  been  obtained  to  remove  any  possible  claim  to  the 
Fox  meadows  from  any  parties  whatever  whether  In- 
dians or  whites.  He  also  obtained  on  the  eleventh 
of  June  !7<ll  from  the  same  Indians  Patthunke,  Beo- 
1)0,  and  Wapetuck  a  similar  deed  of  confirmation  for 
Richbells  Mamaroneck  two  miles  tract.* 

In  the  course  of  the  same  year  and  the  next  he  ob- 
tained, with  others  in  interest,  similar  Indian  deeds 
(iV  Confirmation  for  all  the  lands  in  the  great  "West," 
"Middle"  and  "East  Patents"  which  together  cov- 
ered all  the  county  between  the  Manors  of  Cortlandt 
on  the  north,  I'hilipsburgh  on  the  west,  Scarsdale 
on  the  south,  and  the  Connecticut  line  on  the  east, 


3  Fruni  an  ancient  cop;  of  tbo  original  in  the  writer's  powealon. 
*  nofore  exphilned  in  this  emajr. 
'  Weet.  Co.  Kecorilii  Lib.  1)  5J. 


152 


HISTORY  OF  WESTCHESTER  COUNTY. 


a  short  account  of  which  will  be  given  in  another 
connection. 

At  the  time  of  his  purchMe  from  Mrs.  Ann  Bich- 
bell  of  the  entire  estate  and  rights  in  her  Mamaro- 
neck  and  Scarsdale  lands,  in  1697,  Colonel  Heathcote 
was  residing  at  Westchester,  which  the  year  before, 
through  his  influence,  had  been  created  a  Borough- 
Town,  with  all  its  municipal  privileges  of  a  Mayor 
and  Aldermen  and  Assistants,  and  the  additional  one 
of  a  representative  of  its  own  in  the  Assembly  of  the 
Province,'  its  charter,  by  which  he  was  named  its 
first  Mayor,  bearing  date  April  16th,  169(5.  He  was  a 
merchant  in  New  York,  where  he  also  had  a  town 
residence,  and  a  member  of  the  Council  of  the  Prov- 
ince. He  had  been  a  property  holder  in  both  West- 
chester and  Eastchester,  from  about  the  time  of  his 
coming  from  England  to  New  York,  which  was  in 
1691.  Being  a  man  of  education  and  means  and  of 
affable  manners,  he  took  a  prominent  part  in  the  af- 
fairs of  both  settlements,  and,  in  accordance  with  the 
popular  wish,  was  appointed  Colonel  of  the  Military 
of  the  whole  County.  Hence  the  title  of  "  Colonel," 
by  which  he  was  ever  afterwards  known,  and  spoken 
of,  notwithstanding  the  many  higher  and  more  dis- 
tinguished positions  and  appointments  he  afterwards 
held,  one  of  which  was  the  judgeship  of  Common 
Pleas  of  the  County,  which  he  filled  at  the  same  time 
he  was  colonel  of  its  militia. 

Succeeding  to  all  the  Richbell  estate  in  the  East 
Neck,  including  the  proprietary  rights  in  the  town- 
ship tract  of  Mamaroneck,  after  obtaining  the  Indian 
confirmations  and  other  deeds  for  the  lands,  and  ac- 
quiring those  from  the  head  of  Hutchinson's  River 
to  the  Bronx,  he  had  the  whole  erected  into  the 
Manor  of  Scarsdale  under  the  Manor  Grant  above  set 
forth  in  1701. 

Upon  an  eminence  at  the  head  of  Mamaroneck 
harbor,  overlooking  the  two  beautiful  peninsulas 
forming  its  eastern  and  western  sides,  the  blue 
waters  of  the  wide  Sound  into  which  it  opens,  and  the 
distant  hills  of  Long  Island,  called  from  him  to  this 
day,  "  Heathcote  Hill,"  Colonel  Heathcote  erected  a 
large  double  brick  Manor-House  in  the  English  style 
of  that  period,  with  all  the  usual  offices  and  outbuild- 
ings, with  the  purely  American  addition,  however,  of 
negro  quarters,  in  consonance  with  the  laws,  habits, 
and  customs  of  that  day.  Here  he  dwelt  during  the 
remainder  of  his  life. 

The  people  then  living  at  Mamaroneck  were  very 
few.  One  of  the  first  movements  of  Colonel 
Heathcote  was  to  obtain  the  confirmation  deed  from 
the  then  Indian  chiefs  for  Richbell's  two-mile  town- 
ship tract  above  referred  to-  This  instrument,  dated 
June  11th,  1701,  not  quite  three  months  after  he  ob- 
tained his  Manor-Grant  of  Scarsdale,  gives  us  the 
names  of  the  then  owners  of  the  tract  which  was  di- 


vided into  eight  house  or  home  lots.  It  is  executed 
by  two  Indian  chiefs,  Patthunk  and  Wapetuck,  and 
confirms  the  tract  "  unto  Collon.*'  Caleb  Heathcote, 
Capt.  James  Mott,  William  Penoir,'  John  Williams, 
Henry  Disbrough,  Alice  Hatfield,  John  Disbrough 
and  Benjamin  Disbrough.'"  Henry  Disbrough's  deed 
from  John  and  Ann  Richbell,  of  16th  of  February, 
1676,*  for  his  eighth  part  gives  us  the  precise  bound- 
aries of  this  tract,  which  it  terms  "  Maramaroneck  \ 
limmits,"  "  being  in  length  two  miles  and  in  Breadth  ' 
one  mile  a  half  and  Twenty-eight  rods."  "*  The  object 
was  to  show  that  no  difficulty  with  the  natives  might 
be  apprehended  by  persons  desirous  of  settling  at 
Mamaroneck.  Colonel  Heathcote  established  a 
grist  mill  on  the  Mamaroneck  River  near  the  original 
bridge  crossed  by  the  "  old  Westchester  Path,"  and 
a  saw  mill  high  up  on  that  river,  now  the  site  of  the 
present  Mamaroneck  Water  Works,  upon  which  site 
there  continued  to  be  a  mill  of  some  kind  until  it  was 
bought  two  years  ago  to  establish  those  works.  He 
made  leases  at  different  points  throughout  the  Manor, 
but  did  not  sell  in  fee  many  farms,  though  always 
ready  and  willing  to  do  so,  the  whole  number  of  the 
deeds  for  the  latter  on  record  being  only  thirteen 
during  the  twenty-three  years  or  thereabout  which 
elapsed  between  his  purchase  from  Mr.  Richbell  and 
his  death.  Some  of  these  farms,  however,  were  of 
great  extent.  He  did  not  establish  as  far  as  now 
known  any  Manor  Courts  under  his  right  to  do  so. 
The  population  was  so  scant,  and  the  Manor  like  all 
others  in  the  county,  being  subject  to  the  judicial  pro- 
visions of  the  Provincial  Legislative  acts,  there  was 
really  no  occasion  for  them.  He  personally  attended 
to  all  duties,  and  matters,  connected  with  his  Manor 
and  his  Tenants,  never  having  appointed  any  Steward 
of  the  Manor.  Papers  still  in  existence  show  that 
his  Tenants  were  in  the  habit  of  coming  to  him  for 
aid  and  counsel  in  their  most  private  affairs,  especially 
in  the  settlement  of  family  disputes,  and  he  was  Often 
called  upon  to  draw  their  wills.  But  space  will  not 
permit  mention  of  incidents  and  facts  of  only  per- 
sonal or  local  interest,  or  of  details  of  his  general 
management  of  the  Manor,  or  his  agricultural 
management  of  his  demesne  lands,  which  included 
besides  those  attached  to  liis  Manor  House  the  whole 
of  that  portion  of  the  East  Neck  below  the  old  West- 
chester Path  now  called  De  Lancey's  Neck. 

Colonel  Heathcote  died  very  suddenly  in  the  city 
of  New  York  from  a  stroke  of  apoplexy  on  the  28th 
of  February,  1720-21.  In  the  Philadelphia  American 
Weelly  Mercury  of  March  11,  1721,  is  a  letter  from 
New  York,  under  date  of  March  6th,  which  says, 
"  On  the  28th  day  of  February  last,  died  the  Honorable 
Caleb  Heathcote,  Surveyor-General  of  His  Majesty's 


>  It  and  Schenectady  were  the  only  "  Borough-Towni "  erect«d  In  the 
PrDvince  of  New  York.  Both  were  perfect  example*  of  the  old  Engtllah 
Bnrough-Tuwni  In  every  reapect. 


*  Penoyer  wa*  really  thia  name. 

>  Ancient  copy  In  the  wrtter'a  poaeeaalon-    Reo.  Lib.  C,  Weat.  Co., 
p.  52. 
4  Lib.  A,  33,  Weat.  Co.  Bee.. 
>The  length  was  north  aud  aouth,  and  the  breadth  eaat  and  weat. 


:V.:     S: 


•n: 


y ;:;..',. 


Rcproducad  from  the  Engraving  from  the  Original  Painting  in  poisession  of  the 
Rt.  Rev.  W.  H.  De  Lancey,  Bishop  of  Western  New  Yorli, 


THE  ORIGIN  AND  HISTORY  OF  THE  MANORS. 


153 


Customn  for  the  Pvaatem  District  of  North  America,' 
Jud^e  of  the  Court  of  Admiralty  for  the  Provinces  of 
New  York  and  New  Jersey  and  Connecticut,  one  of 
His  Miyesty's  Council  for  the  Province  of  New 
York,  and  brother  of  Sir  Gilbert  Heathcote  of 
London. 

"  He  was  a  gentleman  of  rare  qualities,  excellent 
temper,  and  virtuous  life  and  conversation,  and  his 
loss  lamented  by  all  that  knew  him,  which  on  the 
day  of  his  death,  went  about  doing  good  in  procuring 
a  charitable  subscription  in  which  he  made  great 
progress."  He  was  buried  in  his  "  family  burial- 
place  "  in  Trinity  church  yard,  where  his  widow  and 
three  of  his  children  who  died  young  are  also  buried. 
His  grave  was  in  the  church  yard,  almost  beneath  the 
southwest  window  of  the  second  Trinity  Church.'  His 
widow  Martha  survived  him  till  August  18th,  1731), 
when  she  died,  and  was  buried  in  the  same  place  the 
evening  of  the  next  day.'  8he  was  the  daughter  of 
Colonel  William  Smith,  of  St.  George's  Manor,  Long 
Island,  Chief  Justice  and  President  of  the  Council  of 
New  York.  He  had  previously  been  Governor  of 
Tangiers,  in  Africa,  while  it  was  an  appanage  of  the 
British  crown,  where  his  daughter,  Martha  Heathcote, 
was  born  on  the  11th  of  September,  1681. 

Colonel  Caleb  Heathcote  was  the  sixth  son  of  Gil- 
bert Heathcote,  Mayor  of  Chesterfield,  Derbyshire, 
England,  by  his  wife,  Anne  Chase  Dickens.  He  was 
born  ill  his  Father's  house  in  that  city,  still  standing, 
in  l()(i.5.  He  was  the  sixth  of  seven  sons  who  lived  to 
maturity — Gilbert,  John,  Samuel,  Josiah,  William, 
Caleb  and  George.  Of  these,  who  all  became  suc- 
cessful merchants  in  England  and  foreign  countries, 
three — John,  William  and  George — died  unmarried, 
the  latter  at  sea  in  1678,  in  his  thirtieth  year. 
Josiah's  family  line  became  extinct  in  August,  1811, 
while  the  families  of  Gilbert,  Samuel  and  Caleb  con- 
tinue 10  this  day,  but  the  latter  only  in  the  female 
line.  Gilbert,  the  eldest,  was  Lord  Mayor  of  Lon- 
don, Member  of  Parliament,  one  of  the  founders  and 
the  first  Governor  of  the  Bank  of  England,  knighted 
by  Queen  Anne,  and  created  a  Baronet  in  1732  by 
George  II.  His  grandson  of  the  same  name  was 
raised  to  the  Peerage  in  1856,  as  Baron  Aveland,  of 
Aveland,  in  the  County  of  Lincoln,  and  his  great 
grandson  is  the  present  Lord  Great  Chamberlain  of 
England.  Samuel,  the  third  son,  who  made  a  large 
fortune  at  Dantzic,  was  the  ancestor  of  the  Heath- 
cotes,  Baronets,  of  Hursley  Park,  in  the  County  of 
Ham]>8hire  ;  his  son  William  having  been  created  a 
Baronet  in  1733,  and  his  great  grandson  was  the  late 


>  The  comnilwlun  appointing  liim  to  thia  office  in  in  the  wrlter'a  po«- 
session.     It  is  an  ouunnous  i>arcliinent  (Iwument  datetl,  1715. 

'This  fact  wa«  told  the  writer  by  his  Father,  the  Kt.  Rev.  William  H. 
De  I.ancey,  who  wa»  told  it  and  shown  the  place  bv  his  father,  John 
Poter  De  Ijaucey,  of  Mamaruneck,  a  gramlson  of  Colonel  Heathcote.  All 
•tonei  were  deetruyed  when  the  First  Trinity  was  hurned,  Sept.    16, 

me. 

»  AVw  Tork  OwutU,  No.  b64,af  23  Aug.,  1736. 


Right  Honorable  Sir  William  Heathcote,  Bart.,  of 
the  k.  'vy  Council,  late  Member  of  Parliament  for  the 
University  of  Oxford,  the  pupil  and  warm  friend  of 
the  poet  Keble,  whom  he  preferred  to  the  Rectorship 
of  Hursley,  which  will  ever  be  as  famous  as  that  of 
George  Herbert  at  Bemerton,  and  father  of  Sir  Wil- 
liam Heathcote,  the  sixth  and  present  Baronet. 

Caleb,  the  sixth  son,  left  six  children — (tilbert  and 
William  and  four  daughters :  Anne,  Mary,  Martha 
and  Elizabeth.  Three  of  these — William,  Mary  and 
Elizabeth — died  young.  Gilbert,  while  a  youth  of 
twenty,  completing  his  education  in  England  under 
the  care  of  his  Uncle  Gilbert,  took  the  small  pox  and 
died,  and  is  buried  in  that  city.  Anne,  the  eldest 
daughter,  married  James  de  Lancey  (born  1703, 
died  1760),  eldest  surviving  son  of  Etienne — in  Eng- 
lish Stephen — de  Lancey,  the  first  of  that  family  in 
America,  subsequently  Chief  Justice  and  Governor  of 
the  Province  of  New  York,  of  whom  the  late  Rt.  Rev. 
William  Heathcote  de  Lancey  (born  1797,  died  1865) 
was  the  eldest  surviving  grandson,  and  the  father  of 
the  writer  of  this  essay.  Martha,  the  only  other 
child  of  Colonel  Caleb  Heathcote,  who  came  to  ma- 
turity, married  Lewis  Johnston,  of  Perth  Amboy, 
New  Jersey,  and  left  two  sons — John  L.  and  Heath- 
cote— and  two  daughters — Anne  and  Margaret.  The 
line  of  Heathcote  Johnston  is  now  extinct,  and  that 
of  John  L.,  it  is  suid,  is  now  extinct  in  the  i  .ales. 
Anne  married  William  Burnet,  sou  of  Governor  Bur- 
net of  New  York,  and  grandson  of  the  famous  Bishop 
Burnet  of  King  William's  and  Queen  Anne's  day,  but 
this  line  is  also  extinct.  Margaret,  the  other  daugh- 
ter of  Martha  Heathcote  Johnston,  married  Bowea 
Read,  a  prominent  and  distinguished  public  man  of 
New  Jersey,  and  her  grandson  was  the  late  Rt.  Rev, 
Charles  P.  .Mcllvaine,  Bishop  of  Ohio,  who  has  many 
descendants. 

The  Father  of  Colonel  Heathcote,  Gilbert  the  Mayor 
of  Chesterfield,  was  a  Roundhead  in  the  English  Civil 
War,  and  served  with  credit  in  the  Army  of  the  Par- 
liament against  King  Charles  the  First.  He  died  in 
1690  and  lies  in  the  burial  place  of  the  Heathcoteson 
the  north  side  of  the  altar  rails,  in  the  ancient 
Parish  Church  of  Chesterfield,  the  cruciform  church 
600  years  old,  with  the  central  twisted  spire  230  feet 
high  and  14  feet  out  of  the  perpendicular,  yet  per- 
fectly secure,  which,  like  the  LeaningTower  of  Pisa, 
is  a  puzzle  whether  it  was  or  was  not  so  erected  origi- 
nally. Against  the  wall  of  the  chancel  arch  is  a  very 
handsome  mural  monument  in  the  ornamented  style 
of  the  16th  century,  erected  jointly  by  all  his  sons  to 
his  memory  bearing  this  inscription  ; 

At  the  foot  of  this  here  lieth, 

in  hopes  of  a  blessed  resurrection, 

the  body  of  Gilbert  Heathcote  r ;, 

late  of  this  town.  Gentleman, 

who  departed  this  life  the  24'"  April,  1690, 

in  the  69"'  year  of  his  age.  , 


154 


HISTORY  OF  WESTCHESTER  COUNTY. 


.     .;■,         ■    By  hii  wife  Ann, 
daughter  of  Mr  George  Dickenx  of  this  tnwn 
':  hchadeii^iit    o.i'and  one  <1uughter,  viz. 

•  :  -'  •'         Qilberi,  John,8aniup|, 

Elizabetli,  Joxiah,  William 
Caleb,  George,  and  TIiomiiih  ; 
of  which  Elizabeth  and  Thomas  clied  in  their  infancy; 
but  he  had  the  particular  l)leHNing  to 
Bee  all  the  rest  Mercliants  adventurers, 
I'  either  in  England  or  in  loreigii  parts. 

This  was  erected  by  his  sons, 
as  well  to  testify  their  gratitude, 
aa  to  perpetuate  the  Memory 
of  the  bent  of  fathers. 
Here  also  lieth  interred 
the  body  of  Ann,  his  said  wife, 
who  departed  this  life 
the  29th  of  November,  1705 
in  the  7(>th  year  of  her  age. 

The  family  was  an  ancient  one,  the  first  of  whom 
there  is  authoritative  mention  having  been  a  Master 
of  the  Mint  under  Richard  II.  The  Arms  were  Ar- 
gent, three  Pomeis,  each  charged  with  a  cross  or. 
And  for  Crest,  on  a  wreath  of  the  colours,  a  mural 
coronet  azure  surmounted  with  a  Pomeis  charged  with 
a  cross  or,  between  two  wings  displayed,  ermine. 
Motto:  Habere  et  Dispertiri." 

Colonel  Heathcote  singularly  enough  was  Mayor  of 
the  City  of  New  York  in  1711  to  1714  at  the  same  time 
that  his  elder  brotherGllbert  was  Lord  Mayor  of  Lou- 
don. He  was  one  of  the  strongest  and  most  active 
Churchmen  of  his  day.  To  him  was  the  Church  of 
England  in  New  York  and  in  Westchester  County  in- 
debted for  its  foundation  and  growth  more  than  to 
any  other  one  man.  He  formed  an  organization  of  a 
few  churchmen  in  the  City  of  New  York  termed  the 
Managers  of  the  Church  of  England  in  New  York,  of 
which  he  was  the  chairman. 

This  was  the  body  which  took  the  earliest  steps  to 
establish  an  English  Church  in  that  city  which  event- 
ually became  the  well  known  "  Parish  of  Trinity 
Church,"  subsequently  the  Mother  Church  of  all  the 
earlier  churches  in  the  city  and  to  a  large  extent  of 
those  in  the  State  of  New  York.  Heathcote  was  the 
moving  spirit  and  the  active  man  in  the  whole  move- 
ment, a  fact  which  being  fully  admitted  by  them  has 
drawn  down  upon  him  the  ire  of  many  writers  of 
dissenting  bodies  of  Christians.  He  also  was  the 
leading  man  in  founding  the  parishes  of  Westchester 
East  Chester,  and  Rye,  in  the  County  of  Westchester 
to  all  of  which  he  contributed  his  efforts  and  his 
means.  His  Manor  of  Scarsdiile  and  Mamaroneck 
formed  one  of  the  precincts  of  the  Parish  of  Rye,' 


1  On  tho  2il  of  Doccmber,  1708,  at  the  request  of  Gilbert  and  his 
brothers,  tlieae  armit  were  coiiflrnietl,  with  the  change  of  the  ahielil  from 
argpnt  to  ermine,  liy  the  llcnild's  College  of  Kngland. 

'  See  ante  p. '.19  fur  (he  fartaof  the  establiahment  of  the  Church  of 
Kngland  and  it*  parUbM  in  Weatchestvr  County. 


of  which  he  was  elected  by  the  inhabitants  a  warden 
and  vestryman.  And  from  it  he  and  the  Rector  of 
Rye,  the  Rev.  (George  Muirson,  went  forth  upon  those 
Missionary  tours  which  Hrst  brought  the  knowledge 
of  the  Church  of  England  into  the  then  benighted 
Cohmy  of  Connecticut,  of  which  he  has  left  us  reports 
so  Aill  that  to  them  friends  and  foes  have  gone  for 
the  most  authentic  account  of  men  and  atl'airs  at  that 
day  in  that  Colony.  So  strong  was  the  opjKJsition 
and  savage  the  threats,  that  he  always  went  fully 
armed  to  defend  both  Muirson  and  himself 

In  consequence  of  the  death  of  all  hiscnilui'^n  ex- 
cept Ann,  Mrs.  <le  Lancey  and  Martha,  Mr».  Jcunston, 
his  entire  estate,  real  and  personal,  descendet'.  to  those 
ladies  in  equal  shares.  By  Indentures  of  lease  and 
release  dated  the  1"  and  4'"  days  of  Jul>  1738  Lewis 
Johnston  and  Martha  his  wife  conveyed  her  undivid- 
ed half  part  of  her  Father's  estate  to  Andrew  John- 
ston a  relative  of  her  husband.  And  he  by  deed 
dated  July  7"'  1788  reconveyed  it  to  Lewis  Johnston 
and  his  heirs  in  fee.  This  was  for  the  easier  manage- 
ment only.  By  James  de  Lancey  and  wife  and 
Lewis  Johnston  jointly,  were  all  the  lands  in  the 
Manor  sold  and  conveyed,  or  leased,  up  to  the  death 
of  James  de  Lancey  on  the  30th  of  July  1760.  He 
died  intestate,  and  Mrs.  de  Lancey's  share  of  the 
Manor  thereupon  reverted  to  her  alone  absolutely  in  fee. 
From  that  time  to  1774  all  deeds  and  leases  ran  jointly 
in  the  names  of  Anne  de  Lancey  and  Lewis  John- 
ston, they  holding  the  estate  jointly  in  fee.  During 
this  period  a  great  deal  of  the  Manor  was  sold,  both 
to  tenants  and  strangers.  The  former  were  always 
given  the  first  right  to  purchase  their  farms  in  fee,  and 
no  farm  was  ever  sold  to  strangers  except  with  the 
tenants'  assent,  notwithstanding  the  proprietors  were 
not  bound  to  do  so. 

In  1773  Anne  do  Lancey  and  Lewis  Johnston 
determined  to  have  a  partition  of  all  the  lands  in  the 
Manor  that  remained  unsold,  and  proceedings  to  that 
end  were  begun  under  the  act  of  the  Provincial 
Legislature  of  1762,  for  that  purpose.  But  before 
they  had  gone  very  far  Dr.  Johnston  died.  The  Pro- 
ceedings were  therefore  begun  anew  in  the  names  of 
Anne  de  Lancey  and  the  Heirs  of  Lewis  John- 
ston. 

These  Proceedings  in  Partition  were  instituted 
under  "  An  Act  for  the  more  effectual  collection  of 
his  Majesty's  t^uit-rents  in  the  Colony  of  New  York 
and  for  the  Partition  of  Lands  in  order  thereto " 
passed  the  8th  of  January  17G2,  and  of  another 
amendatory  Act  passed  the  30th  of  December  1768. 
The  original  Petition  was  in  the  name  of  Lewis 
Johnston  ;  after  his  death  his  children  were  substituted 
in  hig  p'ace.  They  were  Heathcote  Johnston,  John 
Burnet,  Anne  Burnet,  Bowes  Ree<l  and  Margaret 
Reed.  The  other  party  in  both  Petitions  was  of 
course,  Anne  de  Lancey.  The  Commissioners  to  make 
the  partition  were,  Philip  Pell,  Jacobus  Bleecker,  and 
William  Sutton,  "  all  of  the  County  of  Westchester." 


TIIK   ORKifN    AND   HISTOHV   OK  TlIK   MANOHS. 


15& 


A  fter  the  proper  advertUeinenU  hnd  been  pulili«he<l 
the  proper  time  in  Uivinf^ton's  New  York  Gazetteer 
and  Holt's  New  York  Journal,  two  of  the  iiew«paperH 
of  the  day,  the  CoinniiHsioncrs  met  to  organi/.e  "  at  thu 
house  of  Thoman  Uenly  in  New  RoclielU^  "  on  tiie  ">th 
of  April  1774.  I'hilip  I'eil,  Jr,  was  appointed  clerk. 
The  ComnuHaionen*  and  clerk  were  xworn  in  by  Judge 
Til  >ma«  Jones  of  the  Supreme  Court'  who  attended 
for  the  purpose,  antl  delivered  to  each  a  certificate  of 
their  appointment,  signed  l>y  himself.  The  Commis- 
sioners ordered  a  notice  that  they  would  proceed  to 
make  the  survey  and  jiurtition  on  the  tith  of  June  1774, 
to  be  published,  and  also  to  be  served  on  Alexander 
Golden,  Surveyor-Heneral.  This  notice,  with  a  full 
description  of  the  lands,  wax  i)ubli8hed  weekly  for  six 
weeks  in  Rivington's  New  York  Gazetteer  and  Holt's 
New  York  Journal.  (Jn  the  (ith  of  June  1774  the  Com- 
missioners met  at  the  house  of  William  Sutton,  on  what 
is  now  De  Lancey's  Neck,  accordingly.  William  Sut- 
ton was  the  leading  man  of  his  day  (it  Mamaroneck. 
He  was  one  of  the  Commissioners,  and  had  been  the 
tenant  of  De  Lancey's  Neck  for  a  great  many  years  jire- 
viously  and  continued  such  to  his  death  about  the  close 
of  the  Revolutionary  war.  He  knew  every  one  of  note 
in  the  County,  and  was  as  thoroughly  accpiainted 
with  the  Manor  lands  in  general  as  he  was  with  those 
he  himself  had  in  cultivation.  Jacobus  Bleecker  waH  a 
prominent  resident  and  land  holder  of  New  Rochelle, 
and  the  grandfather  of  the  late  Anthony  J.  Bleecker, 
the  well  known  Real  Estate  Auctioneer  of  New  York. 
Philip  Pell  was  of  the  old  manorial  family  ot  the  Pells 
of  Pelham,  and  Philip  Pell,  Jr.,  the  clerk  was  his  oldest 
son.  All  were  persons  thoroughly  acquainted  with 
the  extent,  situation,  and  value,  of  the  Heathcote 
estate,  and  the  Manor  of  Scarsdale. 

"  Sutton's  House  "  long  the  farm  house  of  the  Neck, 
stood  near,  and  a  little  south  west  of,  the  new  farm  house 
built  about  1844,  by  the  late  Mr.  Thomas  J.  de  Lancey, 
which  is  now  a  part  of  the  house  standing  at  the 
angle  of  Mamaroneck  and  liong  Beach  Avenues,  re- 
cently bought  of  the  James  Miller  estate  by  Mr.  J. 
A.  Bostwick.  At  the  meeting  at  Sutton's  on  the  <)th 
of  June  1774,  the  clerk  reported  that  he  had  served 
Surveyor-General  Golden  with  notice  on  the  2nd  of 
the  preceding  May.  The  Commissioners  then  ap- 
pointed Charles  Webb,  at  that  time  and  tor  thirty 
years  after,  one  of  the  best  Surveyors  of  the  Province 
and  State,  Surveyor  to  make  the  Survey  under  oath, 
which  was  duly  administered  to  him,  and  also  to 
Joseph  Purdy  and  Gilbert  Robinson  as  chain  bearers 
and  Doty  Doughty  as  "  flagg  carrier,"  and  then  they 
adjourned  to  the  next  day,  the  7"".  when  the  survey  was 
begun.  It  was  carried  on  daily  till  near  the  middle  of 
the  following  August,  on  the  Kith  of  which  month. 
Maps,  Field  books,  and  Journals  of  the  Commissioners, 
were  duly  signed  in  triplicate,  one  copy  of  each  of 


■  Tlie  author  of  Uis  "  Illitory  of  New  Yurk  ilurtng  the  Berolutlonary 
W»r." 


which  wa«  filed  in  the  office  of  the  Secretary  of  the 
Province,  one  in  the  clerk's  office  of  Westchester 
County,  and  one  retained  by  the  owners.  On  the  25tb 
of  August  notice  of  the  tiling,  and  appointing  the  11th 
of  October  1774  as  the  day  of  balloting  for  the  lots  as 
surveyed,  was  ordered  a<lvertise<l  in  the  papern.  On 
the  4th  of  October  notice  to  J(d>n  Harris  Cruger  to 
attt'nd  the  balloting  as  one  of  the  ('ouncil  of  the  Pro- 
vince was  served.  On  the  llth  of  October  the  Com- 
missioners and  Cruger  met  in  New  York  at  Hull's 
Hotel,  in  Broadway,  on  the  site  of  which  now  stand* 
the  "  Boreel  Building,"  and  the  drawing  took  ])lace. 
The  Survey  and  Map,  a  reduced  copy  of  the  latter  of 
which  is  -annexed,  divided  all  the  unsold  lands  then, 
in  1774,  remaining  in  the  possession  of  Colonel  Heath- 
cote's  heirs,  into  three  divisions,  the  North,  the  Mid- 
dle, and  the  South  Divisions,  designated  by  the  number 
of  the  respective  lots  in  each.  The  balloting  was  thus 
eft'ected,  a  boy  blindfolded,  one  John  Wallis  by  name, 
was  appointed  to  draw  the  numbers  of  the  lots,  and  the 
names  of  the  parties  to  whom  they  fell.  He  drew  the 
lots  in  the  different  divisions  seriatim,  beginning  at 
the  north  division,  taking  out  first  a  ticket  with  the 
number  of  the  lot,  and  then  one  with  the  name  of  an 
owner.  The  latter  tickets  bore  either  the  name  of 
"Anne  de  Lancey,"  or  the  words  "The  Heirs  of 
Lewis  Johnston."  After  the  whole  was  completed  the 
proceedings  were  duly  certified  to  in  triplicate,  by  the 
Commissioners,  and  each  copy  duly  approved  by  the 
signature  of  John  Harris  Cruger,  as  the  Councillor  of 
the  Province,  present. 

The  Map  gives  the  perimeter  of  the  whole  Manor, 
and  those  of  some  of  its  interior  parts,  besides  the  un- 
sold portions  included  in  the  partition,  necessary  to  a 
right  understanding  of  the  latter.  The  portions  left 
blank  are  those  parts  of  the  Manor  which  had  previous- 
ly been  sold  by  the  Proprietors.  It  also  shows  the 
"Great  Lotts"  or  the  "  Long  Lotts  "  being  those  in 
the  northern  |)art  of  the  township  Tract  which  Colo- 
nel Heathcote  and  the  other  owners  had  so  laid  out 
in  1700,  in  the  former's  lifetime,  and  also  theshort  lots 
at  their  southern  end,  all  of  which  took  up  the  whole 
of  that  tract  northward  and  beyond  the  home  lots,  to 
the  township  line.  The  latter  are  not  shown.  Colonel 
Heathcotehad  in  1708,  and  in  171()  long  after  his  Manor- 
Grant,  and  at  other  later  times,  bought  several  parts 
and  parcels  of  the  original  home  lots  as  Richbell  had 
laid  them  out,  which  in  the  course  of  time  had  been 
divided  up  by  their  owners.  All  these  were  either 
owned  separately  in  1774,  by  his  heirs,  or  had  bee» 
previously  disposed  of  by  them,  the  two  extremely 
small  ones  fronting  on  the  Westchester  path  or  Bos- 
ton road  being  all  that  were  in  joint  ownership  at  the 
date  of  the  partition.  The  accompanying  map  being 
on  so  small  a  scale  gives  only  a  very  general  idea  of 
the  Manor,  without  showing  the  details  on  the  original 
maps,  which  are  all  very  large. 

From  the  respective  owners  who  received  their  par- 
ticular lots  under  this  final  partition  of  the  ^lanor 


166 


HISTORY  OF  WESTCHESTEH  COUNTY. 


Lands  of  Hcarediile  in  fei',  have  those  lands  |>aiU)iHl  to 
tlie  great  number  of  parliett  now  owning;  and  occupy- 
ing them,  with,  of  cuurae,  all  the  rights  und  privilege)) 
of  all  lands  granted  by  the  Crown  of  England  prior  to 
the  14th  of  October  n7>>,  and  guaranteed  and  con- 
firmed by  all  the  succotwivo  couHtitutions  of  New 
York,  both  m  an  Independent  Uoveroignty,  and  an  one 
of  the  United  States. 

The  Topography  of  theManorof  Scarsdalc  is  pecu- 
liar, the  Bronx  and  the  Hutchinson  rivemtlow  south- 
westerly from  its  northwestern  part,  the  Mamaroneck 
river  with  its  main  atltuunt  the  Sheldrake,  and  its  up- 
permost branches  flows  southeasterly  into  the  Hound. 
It  is  well  watered,  hilly,  and  has  singularly  enough 
among  the  hills  two  or  three  extensive  flat  fertile  plains. 
The  valleys  between  the  hillf  are  beautiful  and  some  of 
them  very  deej).  The  country  is  well  wooded  and  the 
"  Suxton  Forest,"  formerly  300  acres,  though  much 
reduced  in  size,  is  still  one  of  the  largest  single  ♦brc'its 
in  the  county.  The  drives  are  exceedingly  fine, 
abounding  with  great  and  varied  beauty.  The  soil  is 
fertile  and  yiehls  abundantly. 

In  closing  this  chapter  the  writer  regrets  that  space 
will  not  permit  specific  local  details  of  the  other  Ma- 
nors in  the  county,  its  was  the  original  intention,  but 
having  assented  to  the  editor's  ri'ijuest  to  permit  a  por- 
tion of  the  pages  allotted  him  to  be  employed  by  oth- 
ers, it  cannot  be  done. 

The  manor  grants  for  them  arc  therefore  only  given. 

MANOU  OUANT    OK    I'Kl.HAM. 

Tuo.MAH  DoNdAN,  Captain  (Icneral  and  Oovernor- 
in-chief  in  and  over  the  province  of  New  Yorke,  and 
the  territories  depending  thereon  in  America,  under 
his  most  sacred  Majesty,  James  the  Second,  by  the 
grace  of  Ood  Kinge  of  Etighmd,  Scotland,  France 
and  Ireland,  defender  of  the  faith,  &c., — to  all  to 
whom  these  presents  shall  come,  sendeth  greeting : 
Wherejuj,  Richard  Nicolls,  l"*si|.,  late  governor  of  this 
province,  by  his  eertaino  deed  in  writing,  under  his 
hand  and  scale,  bearing  date  the  sixth  day  of  Octo- 
ber, in  the  eighteenth  year  of  the  reignc  of  our  late 
sovereigne  lord,  Charles  the  Second,  by  the  grace  of 
God,  of  England,  Scotland,  France  and  Ireland, 
Kinge,  defender  of  the  faith,  Ac,  and  in  the  yeare  of 
our  Lord  God  one  thousand  six  h.undred  sixty  and  six 
— did  give,  grant,  confirme  and  rattefye,  by  virtue  of 
the  commission  and  authorityc  unto  him  given  by  his 
(then)  royal  highness,  James,  Duke  of  Yorke,  &c., 
(his  now  .Majesty,)  upon  wliome,  by  lawful  grant  and 
pattcnt  from  his  (then)  Majtisty,  the  projjriety  and 
government  of  that  part  of  the  nuiine  land,  as  well 
of  Long  Island  and  all  the  islands  adjacent.  Amongst 
other  things  was  settled  unto  Thomas  I'ell,  of  Onk- 
way,  alias  Fairfield,  in  his  Majestye's  colony  of  Con- 
necticut—gentleman— all  that  certaine  tract  of  land 
upon  the  nutine  lying  and  being  to  the  eastward  of 
Westchester  bounds,  liounded  to  the  Westward  with  a 
river  called  by  the  Indians  Atpniconounck,  commonly 
known  to  the  English  by  the  name  of  Hutchinson's 


Uiver,  which  nuineth  into  the  bay  lyeing  betweeno 
Throgmorton's  Neck  and  Anno  Ilooke's  Neck,  corn- 
only  caled  Ilutchingson's  Hay,  bounded  on  the 
^lost  by  a  brooks  called  Cedar  Tree  Brooke,  or  Gravelly 
Brooke ;  on  the  south  by  the  Sound,  which  lyeth  be- 
tweeue  Longe  Island  and  the  maine  land,  with  all  the 
islands  in  the  Sound  not  before  that  time  granted  or 
dissposscd  of,  lyeing  before  that  tract  of  land  so 
bounded  as  is  before  expresst ;  and  northward  to 
runne  into  the  woods  about  eight  English  miles,  the 
breadth  to  be  the  same  as  it  is  along  by  the  Sound, 
together  with  all  the  lands,  islands,  soyles,  woods, 
meadows,  jiastures,  nmrshes,  lakes,  waters,  creeks, 
fishing,  hawking,  hunting  and  fowling,  and  all  other 
protlitts,  comniodityes  and  heridetamcnts  to  the  said 
tract  of  land  and  islands  belonging,  with  their  and 
every  of  their  appurtenances,  and  every  j)art  and 
parcel  thereof;  and  that  the  said  tract  of  land  and 
premises  should  be  forever  thereafU'r  held,  deemed, 
reputed,  taken  and  be  an  iutire  infranchised  towne- 
shipp,  numner  and  ]>lace  of  itself,  and  should  always, 
from  time  to  time,  ami  at  all  times  thereafter,  have, 
hold  and  enjoy  like  and  eipiall  priviledges  and  immu- 
nities with  any  towne  infranchised,  place  or  manner 
within  this  government,  &,c.,  shall  in  no  manner  of 
way  be  subordinate  or  belonging  unto,  have  any  de- 
pendance  upon  or  in  any  wise,  bounds  or  the  rules 
under  the  direction  of  any  riding,  or  towne  or  towne- 
shipps,  place  or  jurisdiction  either  upon  the  maine  or 
upon  Longe  Islatid — but  should  in  all  cases,  things 
and  matters  be  deemed,  reputed,  taken  and  held  as  an 
absolute,  intire,  infranchised  towneshipp,  mamer 
and  place  of  itselfe  in  this  government,  and  sho M.abe 
ruled,  ordered  and  directed  in  all  matters  as  to  gov- 
ernment, accordingly,  by  the  governour  and  Coun- 
cell,  and  General  Court  of  Assizes — imly  provided, 
always,  that  the  inhabbitants  in  the  said  tract  of  land 
granted  as  aforesaid,  should  be  oblidgod  to  send  tfor- 
wards  to  the  next  towncs  all  publick  pachipietts  and 
letters,  or  hew  and  cryes  coming  to  New  Yorke  or 
goeing  from  thence  to  any  other  of  his  Majcstie's  col- 
lonys;  to  have  and  to  hold  the  said  tract  of  land  and 
islands,  with  all  and  singular  the  appurtenances  and 
premises,  togaither  with  the  privilidgi^s,  imuneties, 
franchises,  and  advantages  therein  given  and  granted 
unto  the  said  Thoma^i  I'cll,  to  the  proper  use  and  be- 
hoofe  of  the  said  Thomas  I'ell,  his  heirs  and  assigns  for 
ever,  (fully,  li'rcely  andclearely,  in  as  large  and  ample 
nninncratid  forme,  and  with  such  full  and  absolute  im- 
nnityes  and  privelodgcs  as  before  is  expresst,  as  if  ho 
had  held  the  same  immiidiately  (from  his  Majesty  the 
Kinge  of  England,  cVic,  and  his  suckcessors,  as  of  the 
nutnner  of  East  Greenwich,  in  the  county  of  Kent,  in 
free  and  common  sockage  and  by  fealtey,  only  yeald- 
cing,  rendering  and  payeing  yearely  and  every  yeare 
unto  his  then  royall  highness,  the  Duke  of  Yorko  and 
his  heircs,  or  to  such  governour  or  governours  us  from 
time  to  time  should  by  him  be  constituted  and  ap- 
poynted  as  an  ucknowlcdgonient,  on(^  bimbe  on  the 


THE  ORIGIN   AND  HISTORY  OF  THE  MANORS. 


1&7 


firat  day  of  May,  if  the  HameHhall  be  demanded  as  by 
tlie  Huid  deedv  in  writeing,  and  the  entrey  tht-roof  in 
the  bookuH  of  records  in  the  aecretariu'H  otfiee  for  the 
province  uforeHaid,  may  more  fully  and  ui  lar^e  ap- 
peare.    And  wherau,  John  Pell,  gentleman,  nephew 
of  the  Haid  ThoniHH   I'eil,  to  whom  tiie  landx,  ishmdH 
and   prcniiHeH,  witli  appurtenances,   now  liy  tliu  laxt 
will  and  testament  of  him,  the    said  Tlionias  Pell, 
given  and  bequeathed,  now  is  in  the  actual,  peaceable 
and  quiett  seazeing  and  posuesHion  of  all  and  Eingular 
the  premises,  and   huth  made  his  humble  re<]ue8t  to 
mee,  the  said  Thomas   Don^^an,  that  I  wouhi,  in  the 
behalf  of  his  sacred  Majesty,  his  heirs  and  suckces- 
Bont,  give  and  grant  unto  him,  the  said  John  Pell,  a 
more  full  and  iirme  grunt  and   conlirmatioti   of  the 
above   lands  and   premises,  with  the  appurtenanccH, 
under  the  seale  of  this  his  Majcstie's  province:  Xow 
Know  Yee,  that  f,  the  said  Thomas  Dongan,  by  virtue 
of  the  commission  and  authority   unto  me  given  by 
his  said  Majesty  and  power  in  me  being  and  residing, 
in  consideration  of  the  <iuitt  rent  hereinafter  reserved, 
and  for  divers  other  good  and  lawfull  considerations 
me  thereunto   mouving,  I  have  given,   rattefied  and 
confirnieand  by  these  |>resent8  do  hereby  grant,  rattefie 
and  confirme  unto  the  said  John  Pell,  his  heirs  and  iis- 
signs  for  ever,  all  the   before  mentioned  ami   rented 
lands,  islands  and  |>remises,  with  the   heridatements 
and    appurtenances,    priveledges,    imuneties,    ti'ran- 
chises  and  advantages  to  the  same  belonging  and  a|>- 
pertuining,  or  in  the  said  before  mentioned  deede  in 
writing  expresst,  implyedor  intended  to  be  given  and 
granted,  and  every  part  and   |)arcell  thereof,  together 
with  all  that  singular  messuages,  tenements,    barnes, 
stables,  orchards,  gardens,  lands,   islands,  meadows, 
inclosures,  arable  lands,  pastures,  feedeings,  commons, 
woods,    underwoods,   soyles,  (piarreys,   mines,    min- 
uerally,  (royall  mines  only  excepted,)  waters,  rivers, 
ponds,  lakes,  bunteing,  haucking,  fKsbing,  ll'owleiiig, 
as  alsoe  all  rents,  services,   wasts,  straycs,  royaltyes, 
liberties,   priviledges,  jurisdictions,   rights,  members 
and  appurtenances,  and  all  oilier  iniunityeM,  royaltyes, 
power  of  franchises,   |)roritts,  commodeties  aiul  here- 
datenients  whatsoever  to  the  premises,  or  any  part  or 
parcell  thereof  belonging  or  appertaining;  and  f\ir- 
ther,  by    vertue  of  the   power  and  authority   in  mee 
being  and  residing,  I   doe  hereby  grant,  rattefie  and 
eontirine,  and  the  tract  of  land,  island  and  premises 
aforesaid  are,  by    these   presents,  erected  and  consti- 
tuted to  be  one  lordship  and  manner — and  the  same 
shall  henceforth  be  called  the  lordshipp  and  manner  of 
Pelhani;  and   I  doe  hereby  give   and  grant  unto  the 
said  John  Pell,  his  lunrs  anil  asHigim  ll\ill  power  and 
authority  at  all  times  hereat^cr,  in  the  said  lordshipp 
and  manner  of  Pelham  aforesaiil,  one  court  le(>te  and 
one  court  barron,  to  hold  and  keepe  at  such  times  so 
otten  yearly  as  he  and  they  shall  see  meete,  rnd  all 
sines,  issues  and  amerciaments  at  the  said  court  leete 
and  court  barron,  to  be  liolden  and  kept  in  the  man- 
ner and  lurdHhip  aforesaid,  that  are  payable  from  time 


to  time,  shall  happen  to  be  due  and  payable  by  and 
from  any  the  inhabitants  of  or  within  the  said  lord- 
shipp and  manner  of  Pelham  abovesaid  ;  and  also  all 
and  every  the  powers  and  authorities  herein  bef.ire 
mentioned,  for  the  holding  and  kecpeing  of  the  said 
court  leete  and  court  barron,  H'rom  time  to  time,  and 
to  award  and  issue  forth  the  costomary  writtt  to  be 
issued  and  awarded  out  of  the  said  court  leete  and 
court  barron,  and  the  same  to  beare  test  and  to  b(^ 
issuiHi  out  in  the  name  of  the  said  John  Pell,  hia 
heirs  and  aasignes,  and  the  same  court  leete  and  court 
barron  to  be  kept  by  the  said  John  Pell,  his  heirs  and 
assignes,  or  his  or  their  steward,  deputed  or  ap- 
poynted ;  and  I  doe  further  hereby  give  and  grant 
unto  the  said  John  Pell,  his  heirs  and  assignes,  full 
power  to  distraine  for  all  rents  and  other  sums  of 
money  payable  by  reason  of  the  premises,  and  all 
other  lawful  remedys  and  ineanes  for  the  haveing,  re- 
ceiving, levying  and  enjoying  the  said  premises  and 
every  part  thereof,  and  all  waitbi,  strayes,  wrecks  of 
the  seiute,  <leodands  and  goods  of  Ifellons,  happening; 
and  being  within  the  said  manner  of  Pelham, 
with  the  advowson  and  right  of  patronage  of  all  and 
every  of  the  church  and  churches  in  the  said  man- 
ner, erected  and  to  be  erected — to  hav.»  and  to  hold 
all  and  singular  the  said  tract  of  land,  islands  and 
manner  of  Pelham,  and  all  and  singular  the  above 
granted  oi  mentioned  to  bo  granted  jiremisses,  with 
their  rights,  members,  jurisdictions,  privileidges, 
heredaments  and  appurtenances,  to  the  said  John 
Pell,  his  heirs  and  assignes,  to  the  only  j»roper  use, 
benefitt  and  behoofe  of  the  said  .rohn  IVll,  his  heir» 
and  assignes  forever;  to  be  holden  of  bis  mostsacred 
Majestye,  his  heirs  and  successors,  in  free  and  com- 
mon soccage,  according  to  the  tenure  of  East  (Jreen- 
wich,  in  the  county  of  Kent,  in  bis  Majestye's  king- 
dom of  Kngland,  yielding,  rendering  and  |>ntying 
therefore  yearly  and  every  year  forever,  unto  his 
said  Majestye,  his  heirfi  and  successors,  or  to  such 
ollicer  orollieers  as  shall  from  time  to  time  be  aji- 
pointed  to  receive  the  same — twenty  shillings,  good 
and  lawful  money  of  this  province  at  the  citty  of 
New  Vorke,  on  the  five  and  twentytli  day  of  the 
month  of  March,  in  lieu  and  stead  of  all  rents,  ser- 
vices and  demands  whi'.i«oever. 

In  testimony  whereof,  I  have  signed  these  presents 
with  my  handwriting,  caused  the  seale  of  the  province 
to  be  thereunto  affixed,  and  liav<!  ordained  that  the 
same  be  entered  upon  record  in  the  Secretary's  ollice, 
the  five  and  twentyeth  day  of  October,  in  the  third 
yeare  of  the  Kinge  Majestye's  reigiuvainl  in  the  year 
of  our  Lord  one  thousand  six  hundred  eighty  and 
sevori,' 

Thomah  Donoan. 
manok-ouant  ok  moukihania. 

William  the  Third,  by  the  grace  of  Ood,  of  England, 
Scotland,  France  and  Ireland,  King,  Defender  of  the 


>  Alb.  Book  of  l<>t.  Mo.  it.  JM.,  (Xi.  Km,  |,||i.  A,,  aW. 


tfis 


HISTORY  OF  WESTCHESTER  COUNTY. 


Faith,  &c.,  to  all  to  whom  these  presents  shall  come, 
eendeth  greeting :  Whereas,  the  Hon'ble  Edmond  An- 
dross,  Esq.,  Seigneur  of  Sausmarez,  lato  governor  of 
our  province  of  New  York,  itc,  by  a  certain  deed  or 
patent,  sealed  with  the  seal  of  our  said  province  of 
New  York,  bearing  date  the  25th  day  of  March,  in  the 
year  of  our  Ijord  1(576,  pursuant  to  thn  commission 
and  authority  then  in  him  residing,  did  confirm  unto 
Col.  Lewis  Morris,  of  the  Island  of  Burbadoes,  a  cer- 
tain plantation  or  tract  of  land  laying  or  being  upon 
the  maine  over  against  the  town  of  Haerlem,  com- 
monly called  Bronckse's  land,  containing  250  margin 
or  800  acres  of  land,  besides  the  meadow  thereunto 
annexed  or  adjoining,  butted  and  bounded  as  in  the 
original  Dutch  gVound  brief  and  patent  of  confirma- 
tion is  set  forth  ;  which  said  tract  of  land  and  meadow, 
having  been  by  the  said  Col.  Lewis  Morris  long  pos- 
sessed and  enjoyed,  and  having  likewise  thereon  made 
good  improvement,  he,  the  said  Edmond  Andross,  late 
governor  of  our  said  province,  did  further,  by  the  said 
deed  or  patent,  sealed  with  the  seal  of  our  said  prov- 
ince, and  bearing  date  as  aforesaid,  we  grant  and  con- 
firm unto  the  said  Col.  Lewis  Morris,  for  his  further 
improvement,  a  certain  quantity  of  land  adjacent  unto 
the  said  tract  of  laod — which  land,  with  the  addition, 
being  bounded  from  his  own  house  over  against  Haer- 
lem, running  up  Haerlem  Hiver  to  Daniel  Turner's 
land,  and  so  along  this  said  land  northward  to  John 
Archer's  line,  and  from  thence  stretching  east  to  the 
land  of  John  Richardson  and  Thonias  Hunt,  and 
thence  along  their  lands  southward  to  the  Sound, 
even  so  along  the  Sound  about  southwest  through 
Bronck's  hill  to  the  said  Col.  Lewis  Morris'  house — 
the  additional  land  containing  (according  to  the  sur- 
vey thereof)  the  quantity  of  fourteen  hundred  and 
twenty  acres,  to  have  and  to  hold  the  afore-recited 
tract  of  land  before  possessed  by  him,  and  the  addi- 
tional land  within  the  limits  and  bounds  aforesaid,  to- 
gether with  the  woods  and  meadows,  both  salt  and 
fresh  waters  and  creeks,  belonging  to  the  said  lands, 
unto  the  said  Col.  Lewis  Morris,  his  heirs  and  assignees 
forever,  under  the  yearly  rent  of  four  bushels  of  good 
winter  wheat,  as  by  the  said  deed  or  patent,  registered 
in  our  secretary's  office  of  our  said  province  of  New 
Y'ork,  &c., — relation  being  thereunto  had — may  more 
fully  and  at  large  appear.  And  whereas,  our  loving 
subject,  Lewis  Morris,  (nei)hew  unto  the  said  Col. 
Morris,  lately  deceased,  his  sole  and  only  heir,)  who  is 
now,  by  right  of  descent  and  inheritance,  peaceably  and 
quietly  seized  and  possessed  of  all  the  aforesaid  tracts 
of  land  and  premises  within  the  limits  and  bounds 
aforesaid,  hath, by  his  petition,  presented  untoourtrusty 
and  well  beloved  Henj.  Fletcher,  our  Captain  General 
and  (Tovernor-in-chief  of  our  said  province  of  New 
York  and  territories  dependent  thereon  in  America, 
Ac,  prayed  our  grant  and  confirmation  of  all  the 
afore-recitod  tracts  and  parcels  of  land  and  prcm  ises 
within  the  limits  and  bounds  aforesaid  ;  and  likewise 
that  we  would  be  graciously  pleased  to  erect  the  said 


tracts  and  parcels  of  land,  within  the  limits  and 
bounds  aforesaid,  into  a  lordship  or  manor,  by  the 
name  or  title  of  the  manor  or  lordship  of  Morrisania, 
in  the  county  of  Westchester  ;  and  whereas,  it  is  pub- 
licly manifest  that  the  said  Col.  Lewis  Morris,  de- 
ceased, in  his  lifetime,  and  our  said  loving  subject,  his 
nephew  and  sole  and  only  heir  since  his  decease,  have 
been  at  great  charge  and  expense  in  the  purchasing, 
settling  and  improving  of  the  said  tracts  and  parcels 
of  land,  whereon  considerable  buildings  have  likewise 
been  mailn;  and  our  said  loving  subject,  being  willing 
still  to  make  further  improvements  thereon — which 
reasonable  ret^uest,  for  his  further  encouragement,  we 
being  willing  to  grant;  and  know  yee,  thai,  we,  of  our 
special  grace,  certain  knowledge,  and  mere  motion, 
we  have  given,  granted,  ratified  and  confirmed,  and 
by  these  presents  do  for  us,  our  heirs  and  successors 
give,  grant,  ratify  and  confirm  unto  the  said  Lewis 
Morris,  his  heirs  and  assignees,  all  the  aforesaid  tracts 
and  parcels  of  land  within  the  limits  and  bounds 
aforesaid,  containing  the  quantity  of  one  thousand, 
nine  hundred  and  twenty  acres  of  land,  more  or  less, 
together  with  all  and  every  the  messuages,  tenements, 
buildings,  houses,  out  houses,  barns,  barracks,  stables, 
mills,  mill  dams,  mill  howles,  orchards,  gardens, 
fences,  pastures,  fields,  feedings,  woods,  underwoods, 
trees,  timber,  meadows,  (fresh  and  salt)  marshes, 
swamps  and  pools,  ponds,  waters,  water  courses,  brooks, 
rivulets,  baths,  inlets,  outlets,  islands,  necks  of  land 
and  meadow,  ])eiiinsulas  of  land  and  meadow,  ferries, 
passage.'^,  fishing,  fowling,  hunting  and  hawking, 
quarries,  mines,  minerals,  (silver  and  gold  mines  ex- 
cepted,) and  all  the  rights,  liberties,  privileges,  juris- 
dictions, royalties,  hereditaments,  benefits,  profits, 
advantages  and  appurtenances  whatsoever  to  the 
afore-r^cited  tracts,  parcels  and  necks  of  land,  and  mill, 
within  the  limits  and  bounds  aforesaid  belonging,  ad- 
joining, or  in  any  way  appertaining,  or  accepted,  re- 
puted, taken,  known  or  occupied,  as  pare,  parcel  or 
member  thereof,  to  have  or  to  hold  all  the  aforesaid 
recited  tracts  and  parcels  of  land  within  the  limits  and 
bounds  aforesaid,  containing  the  quantity  of  one  thou- 
sand nine  hundred  and  twenty  acres  of  land,  more  or 
less,  together  with  all  and  every  the  mctsuages,  tene- 
ments, buildings,  houses,  out  houses,  barns,  barracks, 
stables,  mills,  mill  dams,  mill  houses,  orchards,  gar- 
dens, fences,  pastures,  fields,  feedings,  woods,  under- 
woods, trees,  timber,  meadows,  fresh  and  salt,  marshes, 
swamps,  pools,  ponds,  waters,  water  courses,  brooks, 
rivers,  rivulets,  streams,  creeks,  coves,  harbors, 
bridges,  baths,  strands,  inlets,  outlets,  islands,  necks 
of  land  and  meadow,  peninsulas,  land  and  meadow, 
ferries,  paHsages,  fishing,  fowling,  hunting  and  hawk- 
ing, quarries,  mines  and  minerals,  (silver  and  gold 
mines  excepted,)  and  all  the  rights  liberties,  ])rivih'gC8, 
jurisdictions,  royalties,  hereditaments,  tolls,  and  bene- 
fits, profits,  advantages,  and  appurtenances  whatso- 
ever, to  the  afore  recited  tracts,  |>arcels  and  necks  of 
laud  and  mill  within  the  limits  and  bounds  aforesaid  be- 


THE  ORIGIN  AND  HISTORY  OF  THE  MANORS. 


159 


longing,  adjoining,  or  in  any  appertaining  or  accepted, 
reputed,  taken,  known  unto  him,  the  said  Lewis  Morris, 
his  heirs  and  assinees,  to  the  sole  and   only    proper 
use  benefit  and  behoof  of  him  the  said  Lewis  Morris, 
his  heirs  and  assinees  forever,  and  moreover,  that  if 
our  further  special  grace,  certain   knowledge,   and 
mear  motion,  we   have  brought  it  according  to  the 
reasonable  request  of  our  said  loving  subject  to  erect 
all  the  the  aforerecited  tracts  and   parcels  of  land 
and  premises  within   limits   and    bounds    aforesaid 
into  a  lordship  and  manor,  and  therefore,  by  these 
presents,  we  do,  for  us,  our  heirs  and  successors,  erect, 
make  and  constitute  all  the  afore-recited  tracts  and 
parcels  of  land  within  the  limits  and  bounds  afore- 
mentioned, together  with  all   and  every  the  above 
granted  premises,  with  all  and  every  of  their  appurte- 
nances, unto  one  lordship  or  manor,  to  all  intents  and 
purposes,  and  'tis  our  royal  will  and  pleasure,  that  the 
said  lordship  and  manor  shall    from  henceforth  be 
called  the  lordshipor  manor  of  Morrisania;  and  know 
yee,  that  we  reposing  especial  trust  and  confidence  in 
the  loyalty,  wisdom,  justice,  prudence,  and  cirrum- 
spection   of  our  said  loving  subjects,  do,  for  us,  our 
heirs  and  successors,  give  and  grant  unto  the  said 
Lewis  Morris  and  to  the  heirs  and  assignees  of  him  the 
said  Lewis  Morris,  full  power  and  authority  at  all  times 
forever  hereafter,  in  the  said  lordship  or  manor,  one 
court  leet,  and  one  court-barron,  to  hold  and  keep  at 
such  time  and  times,  and  so  often  yearly  as  he  or  they 
shall  see  meet,  and  all  fines,  issues  and  amerciaments, 
at  the  said  court-leet  and  court  barron,  to  be  holden 
within  the  said  lordship  or  manor,  to  be  set,  forfeited 
or  employed,  or  payable  or  happening  at  any  time  to 
be  payable  by  auy  of  the  inhabitants  of  or  in  the  said 
lordship  or  manor  of  Morrissania,  or  the  limits  and 
bounds  whereof,  and  also  all  and  every  of  the  power 
and  authority  therein-before  mentioned,  for  the  hold- 
ing aud  keeping  the  said  court-leet  and  court  barron 
from  time  to  time,  and  to  award  and  issue  out  the  said 
accustomary  writs,  to  be  issued  and  awarded  out  of  the 
said  court-leet  and  court  barron,  to  be  kept  by  the 
heirs  and  assinees  of  the  said  Lewis  Morris,  forever, 
or  their  or  any  of  their  stewards  deputed  and  ap- 
pointed with  full  and  ample  power  and  authority  to 
distraine   for  the   rents,  serveses,  and   other  sums  of 
money,  payable  by  virtue  of  the  premises  and   all 
other  lawful  remedies  and  means,  for  the  having,  pos- 
sessing, recovering,  levying  and  enjoying  the  prem- 
ises, and  every  part  and  parcel  of  the  same,  and  all 
waifes,  estrages,  meeks,  deadodaus,  goods  or  felons, 
happening  and  being  forfeited  within  the  said  lord- 
ship or  manor  <>f  Morrissania,  and  all  and  every  sum 
and  sums  of  money  to  be  paid  as  a  post  fine,  upon 
any  fine  or  fines  to  be   levied,  of  any  bounds,  tone- 
uunts  or  hereditaments  within  the  said  lordship  or 
manor  of  Morrissania,  together  with  the  advowson 
and  right  of  patronage,  and  all  and  every  the  church 
and  churches  erected  or  established,  or  thereafter  t" 
be  erected  or  OBtablished  within  the  said  manor  of 


Morrissania,  and  we  do  also  give  and  grant  unto  the 
said  Lewis  Morris,  his  heirs  and  assinees,  that  all  and 
each  of  the  tenants  of  him  the  said  Lewis  Morris, 
within  the  said  manor,  may  at  all  times  hereafter, 
meet  together  and  choose  assesors,  within  the  manor 
aforesaid,  according  to  such  rules,  ways  and  methods, 
as  are  prescribed  for  cities,  towns  and  counties  within 
our  province  aforesaid,  by  the  acts  of  general  assem- 
bly for  the  defraying  the  public  charge  of  each  re- 
spective city,  U)v/n  and  county  aforesaid,  and  all  such 
sums  of  money  assesed  or  levied,  to  dispose  of  and 
collect  for  such  uses  as  the  acts  of  the  general  assem- 
bly shall  establish  and  appoint,  to  have  and  to  hold, 
possess,  and  enjoy,  all  and  singular  the  said  lordship 
or  manor  of  Morrissania  and  premises,  with  all  their 
and  3very  of  their  appurtenances,  unt«)  the  said  Lewis 
Morris,  his  heirs  and  assinees  forever,  to  be  holden  of 
us,  our  heirs  and  successors,  in  free  and  common 
socage,  according  to  the  tenure  of  our  manor  oi'East 
Greenwich,  in  our  county  of  Kent,  within  our  realm 
of  England,  yielding,  iendering  and  paying  therefor, 
yearly  and  every  year,  on  the  feast  day  of  the  Annun- 
ciation of  our  blessed  virgin,  unto  us,  our  heirs  and 
successors,  at  our  city  of  New  York,  the  annual  rent 
of  six  shillings,  in  lieu  and  stead  of  all  former  rents, 
dues,  services  and  demands  whatsoever,  for  the  said 
lordship  and  manor  of  Morrissania,  and  premises : 
in  testimony  whereof,  we  have  caused  the  great  seal  of 
the  said  province  to  be  affixed.  Wituesse  our  trusty 
and  well  beloved  Benjamin  Fletcher,  our  capt.  gen. 
and  gov.  in-chief  of  our  province  of  New  York,  and 
the  territories  and  tracts  of  land  depending  thereon, 
in  America,  and  vice-admiral  of  the  same,  our  lieu- 
tenant commander-in-chief  of  the  militia  and  of  all 
the  forces  by  sea  and  land  within  our  colony  of  Con- 
necticut, and  of  all  the  forts  and  places  of  strength 
within  the  same,  in  council  at  our  fort  in  New  York, 
the  8th  day  of  May,  in  the  ninth  year  of  our  reign. 
Anno  Domini,  1(>!)7.' 

By  command  of  his  excellencey. 


Ben.   .'''LETCHER. 


David  Jamieson,  Sec'y. 


MANOK-(iUAXT  OF   FOUDUAM. 

Francis  Lovelace,  Esq.,  one  of  the  gentlemen  of  his 
Majestie's  Hon'ble  Privy  Chamber,  and  Governor- 
General  lAider  his  Royal  Highness,  James,  Duke  of 
York  and  Albany,  and  of  all  his  territories  in  Amer- 
ica, to  all  to  whom  these  i)re8ent8  shall  come,  sendeth 
greeting  :  Whereas,  there  is  a  certain  parcel  or  tract 
of  land  within  this  government,  upon  tho  main  conti- 
nent, situate,  lying  and  being  to  the  eastward  of  Har- 
lem River,  near  unto  ye  passage  commonly  called 
S}>ifing  Devil,  upon  which  land  ye  new  dorpor  village 
is  erected  known  by  the  name  of  Fordham — ye  utmost 


>  Lib.  vil.  of  Patents,  Albuv. 


160 


HISTORY  OF  WESTCHESTER  COUNTY. 


limita  of  the  whole  tract  or  parcel  of  land  beginning 
at  the  high  wood  land  that  lyes  due  northwest  over 
against  the  first  point  of  the  main  land  to  the  east  of 
the  island  Pepiriniman — there  where  the  hill  Monkiita 
is — and  soe  goesalongst  the  said  kill,  the  said  land 
striking  from  the  high  wood  land  before  mentioned 
east  southeast,  till  it  co  a  to  Bronk's,  his  kill ;  soe 
westward  up  alongst  ye  main  land  to  the  place  where 
Harlem  Kill  and  Hudson  River  meet,  and  then  forth 
alongst  Harlem  Kill  to  the  first  spring  or  fountain, 
keeping  to  the  south  of  Orabb  Island ;  soe  eastward 
alongst  Daniel  Turner's  land,  the  high  wood  land, 
and  ye  land  belonging  to  Thomas  Hunt ;  and  then  to 
Bronk's  Kill  afore  mentioned,  according  to  a  survey 
lately  made  thereof  by  the  surveyor-general — the 
which  remains  upon  record  ;  all  which  said  parcel  or 
tract  of  land  before  described  being  part  of  the  land 
granted  in  the  grand  patent  to  Hugh  O'Neal,  and 
Mary  his  wife,  purchase  was  made  thereof,  by  John 
Archer,  from  Elyaa  Doughty,  who  was  invested  in  their 
interest  as  of  the  Indian  pr<>i>rietor,  by  my  approba- 
tion, who  all  acknowledgt  io  have  received  satisfac- 
tion for  the  same  :  and  the  said  John  Archer  having, 
at  his  own  charge,  and  with  good  success,  begun  a 
township  in  a  convenient  place  for  the  relief  of 
strangers, ;  i.  being  the  road  for  passengers  to  go  to  and  fro 
from  the  main,  as  well  as  for  mutual  intercourse  with 
the  neighboring  colony,  for  all  encouragement  unto 
him,  the  said  John  Archer,  in  prosecution  of  the  said 
design,  as  also  for  divers  other  good  causes  and  con- 
siderations :  know  yee,  that  by  virtue  of  ye  commis- 
sion and  authority  unto  me  given  by  his  royal  liigh- 
ness,  upon  whom,  by  lawful  grant  and  patent  from  his 
majestie,  the  propriety  and  government  of  that  part 
of  the  main  land,  as  well  as  Long  Island,  and  all  the 
islands  adjacent,  amongst  other  things,  is  settled,  I 
have  given,  granted,  ratified  and  confirmed,  and  by 
these  presents  do  give,  grant,  ratify  and  confirm  to  ye 
afore  mentioned  John  Archer,  his  heirs  and  assignees, 
all  the  said  parcel  or  tract  of  land  butted  and  bound- 
ed as  aforesaid,  together  with  all  the  lands,  soyles, 
woods,  meadows,  pastures,  marshes,  lakes,  waters, 
creeks,  fishing,  hawking,  hunting  and  fowling,  and  all 
ye  profits,  commodityes,  emmoluments  and  hereditii- 
ments  to  the  said  parcel  or  tract  of  land  or  premises 
belonging  or  in  any  wise  appertaining,  and  of  every 
part  and  parcel  thereof ;  and  I  doe  likewise  grant  uuto 
ye  said  John  Archer,  his  heirs  and  assignees,  that  the 
house  wl  i;h  he  shall  erect,  together  with  ye  said  par- 
cel or  tract  of  land  and  premises,  shall  be  forever 
hereafter  held,  claimed,  reputed,  and  be  an  entire  and 
enfranchised  township,  manor  and  place  of  itself, 
and  shall  always,  from  time  to  time,  and  at  all  times 
hereafter,  have,  hold  and  enjoy  like  and  eciual  privi- 
leges and  immunities  with  any  town  enfranchised  or 
manor  within  this  government,  and  shall,  in  no  manner 
of  way,  be  subordinate  or  belonging  unto,  have  any 
dependence  upon,  or  in  any  wise  be  under  the  rule, 
order  or  direction  of  any  riding,  township,   place  or 


jurisdiction  either  upon  the  main  or  Long  Island,  but 
shall,  in  all  cases,  things  and  matters,  be  deemed,  re- 
puted, taken  and  held  as  an  absolute,  entire,  enfran- 
chised township,  manor  and  place  of  itself  in  this 
government,  as  aforesaid,  and  shall  be  ruled,  ordered 
and  directed,  in  all  matters  as  to  government,  by  ye 
governor  and  his  council,  and  ye  general  court  of  as- 
sizes, only  always  provided  that  the  inhabitants  of 
the  said  town,  or  any  part  of  the  land  granted  as 
aforesaid,  shall  be  obliged  to  send  forward  to  ye  next 
town  or  plantation  all  public  pacquetts  and  letters,  or 
hue  and  cryes,  comming  to  this  place  or  going  from 
it  towards  or  to  any  of  his  majestie's  colonies ;  and  I 
do  further  grant  unto  the  said  John  Archer,  his  heirs 
and  assignees,  that  when  there  shall  be  a  sufficient 
number  of  inhabitants  in  the  town  of  Fordham  afore- 
mentioned/and the  other  parts  of  ye  manor  capable 
of  maintaining  a  minister,  and  to  carry  on  other 
public  affairs  ;  that  then  the  neighboring  inhabitants 
between  the  two  kills  of  Harlem  and  Bronk's  be 
obliged  to  contribute  towards  the  maintenance  of 
their  said  minister  and  other  necessary  public  charges 
that  may  happen  to  arise,  and  likewise  that  they  be- 
long to  the  said  town,  according  to  the  direction  of 
the  law,  although  their  said  farms  and  habitations  be 
not  included  within  this  patent,  to  have  and  to  hold 
ye  said  parcel  and  tracts  of  land,  witii  all  and  singular 
the  appurtenances  and  premises,  together  with  the 
privileges,  immunities,  franchises  and  advantages 
herein  given  and  granted  unto  the  said  John  Archer, 
his  heirs  and  assignees,  unto  the  proper  use  and  be- 
hoof of  him,  the  said  John  Archer,  his  heirs  and  as- 
signees forever,  fully,  truly  and  clearly,  in  as  large 
and  ample  manner,  and  from  and  with  such  full  and 
absolute  immunities  and  privileges  as  is  before  ex- 
pressed, as  if  he  held  the  same  immediately  from  his 
majesty,  the  King  of  England,  and  his  successors,  as 
of  the  manor  of  East  Greenwich,  in  the  county  of 
Kent,  in  free  and  common  soccage  and  by  fealty, only 
yealding,  rendering  and  paying  yearly  and  every  year 
unto  his  royal  highness,  the  Duke  of  York  and  his 
successors,  or  to  such  governor  and  governors  as  from 
time  to  time  shall  by  him  be  constituted  and  appointed, 
as  all  acknowledgment  and  quit  rent,  twenty  bushels 
of  goofl  peas,  upon  the  first  day  of  March,  when  it 
shall  be  demanded.  Given  under  my  hand,  and 
sealed  with  the  seal  of  the  province  at  Fort  James, 
in  New  York,  on  the  island  of  Manhattan,  this  thir- 
teenth day  of  November,  in  the  twenty-third  year  of 
the  reign  of  our  sovereign  lord,  Charles  the  Seccond, 
by  the  grace  of  God,  of  England,  Scotland,  France 
and  Ireland,  King,  Defender  of  the  Faith,  and  Anno 
Domini,  167L 

Francis  Lovelace, 
manor-grant  op  philip8eborouoh. 

William  and  Mary,  by  the  grace  of  God,  &c,,   king 
and  queen  of  England,  Scotland,  France  and  Ireland^ 


yi.-^sn 


i  % 


I  ■  ; 

it  ?    ■»    .- 


a  3 


i    T> 


■^     J    JCi 


o 


'V        I. 


n 


'  Si^M 


A  PLAN 

Of  THC 

MAffOR  V  PHILIPSBURG 
COUNTY  OF  WESTCtiESTER, 

IH  rut   STATC  or    NCWyORH 

aurvtyed  agntmUt 

to  the   order  and   inttruefitns 

9' Istiut/SUutenhury  ^P.IiV.CorUanM. 

lUiioJaim  Hitl 

tras. 

Yritk  tht  adflifion  <t/  tkt Southern  end 

f 

COLtN-OONCK. 


At'"      -  J-** 


THE  ORIOIN  AND  HISTORY  OF  THE  MANORS. 


IdOa 


defendeir  o:'the  faith,  Ac,  to  all  to  whom  thette  preii- 
entH  8ha!l  vonie,  greeting :  whereas,  the  Honorable 
Richard  Nicolls,  Esq.,  late  governor  of  our  Province 
of  New  York,  &k.,  by  a  certain  deed  or  patent,  sealed 
with  the  deal  of  our  said  Province,  bearing  date  the 
8th  day  of  Oct.,  in  the  year  of  our  Lord,  166t),  pursu- 
ant to  the  authority  in  him  residing,  did  give  and 
grant  unto  Hugh  O'Neale  and  Mary  his  wife,  their 
heirH  and  at^signt,  all  that  tract  of  land  upon  the  main, 
bounded  to  the  north  by  a  rivulet  calletl  by  the  In- 
dians, Meccackassin,  so  running  southward  to  Nep- 
perhan,  from  thence  to  the  kill  Shorackkapock  aud 
to  Paparinnomo,  which  is  the  southerraost  bounds, 
then  to  go  across  the  country,  eastward  by  that  which 
Is  commonly  known  by  the  name  of  Bronx's  river, 
together  with  all  the  woods,  marshes,  meadows,  pas- 
tures, waters,  lakes,  creeks,  rivulets,  fishing,  hunting 
and  fowling,  and  all  other  profits,  commodities  and 
emoluments  to  said  tract  of  land  belonging,  with  their 
and  every  of  their  appurtenance,  to  have  and  to  hold 
unto  the  said  Hugh  O'Neale  and  Mary  his  wife,  their 
heirs  and  assigns  forever,  as  by  the  said  deed  or  pat- 
ent, relation  being  thereunto  had,  may  more  fully  and 
at  large  appear,  and  whereas,  the  said  Hugh  O'Neal 
and  Mary  his  wife,  by  their  certain  deed  or  writ,  dated 
30th  day  of  Oct.,  in  the  said  year  of  our  Lord,  16fi6, 
did  sell,  alien,  assign  and  set  over  all  and  singular 
the  right  and  title  and  interest  of  in  and  to  the 
aforenamed  tract  of  land  and  premises,  unto  Elias 
Doughty  of  Flushing,  in  the  Co.  of  York,  on  l>ong 
Island,  unto  the  said  Elias  Doughty,  his  heirs  anH  as- 
signs forever,  as  by  the  said  deed  oi  wiiting,  relation 
being  thereunto  had,  as  may  more  fully  and  at  large 
appear,  an<l  whereas,  the  said  Elias  Doughty  by  his 
certain  deed  or  writing,  bearing  date  2!t  day  of  Nov., 
in  the  year  of  our  Lord,  ltS72,  for  the  consideration 
therein  expressed  and  mentioned,  did  assign  and  set 
over,  all  and  singular  his  right  and  title  and  interest, 
of,  in  and  to  the  aforementioned  tract  of  land  and 
premises  unto  Thomas  Deieval,  Esq.,  Frederick  Phil- 
ips and  Thomas  Lewis,  mariner,  to  hold  to  them,  their 
heirs  and  assigns  forever,  as  by  the  said  deed  or  writ- 
ing relation  being  thereunto  had,  may  more  fully  and 
at  large  appear ;  and  whereas,  the  said  Thomas  Deie- 
val, in  and  by  a  certain  codicil  annexed  unto  his  last 
will  and  testament  in  writing,  bearing  date  the  10 
day  of  June,  in  the  year  of  our  Lord,  1G82,  amongst 
dther  things  did  devise  unto  John  Deieval  his  only 
Bon,  all  that  his  interest  in  the  aforementioned  land 
and  premises,  his  one  full,  etjual  and  certain  third 
thereof,  as  by  the  said  codicil  in  writing,  relation 
being  thereunto  had,  may  more  fully  and  at  large 
appear ;  and,  whereas,  the  Hon.  Col.  Thomas  Don- 
gan,  late  gov.  of  our  said  province,  &c.,  and  as  by  a 
certain  deed  or  patent,  sealed  with  the  seal  of  our 
said  province,  &c.,  and  bearing  date  the  19th  of  Feb., 
in  the  year  of  our  Lord,  1684-5,  pursuant  to  the 
authority  in  him  then  residing,  for  the  consideration 
therein  expressed,  did  further  grant,  ratify  and  con- 
lib 


firm,  unto  the  sitid  Thomas  Deieval,  Frederick  Phil- 
ips, Oeertje  Lewis,  relict  of  the  saitl  Thomas  Lewis, 
due  their  heirs  and  assigns,  all  the  aforesaid  tract  and 
parcel  of  land  beginning  at  a  small  rivulet  known  and 
called  by  the  Indians,  Makakassin,  from  thence  into 
the  woods  due  east  by  n  great  rock  stone  and  a  lyne  of 
marked  trees,  to  Bronx's  r>vcr,  and  thence  by  said 
river,  four  miles  and  something  more,  to  a  marked 
white  oak  trt'c  upon  the  middle  of  a  great  ledge  of 
rocks,  which  is  the  north-east  corner  of  the  laml  of 
Francis  French  &  Co.,  in  the  mile  i«|uare  formerly 
sold  out  of  the  aforesaid  patent,  then  by  the  said  land, 
•••■}nt,  35  (leg.  northerly,  1  mile  or  80  chains  from 
thence  east  .'tri  deg.  southerly  to  UronxV  river  to  a 
marked  tree,  which  is  the  south-east  corner  of  the 
mile  stpmre,  excepted  out  of  the  said  patent,  from 
thence  by  Bronx's,  his  river,  K!)  chains  to  a  marked 
tree,  which  is  the  north-east  corner  of  Wm.  Betti*  and 
(leorge  Tippets,  and  then  by  a  certain  lyne  of  marked 
trees  due  west  HO  chains  to  the  marked  tree  or  south- 
east corner  of  the  purchase  of  .Fohn  Heddy,  then  due 
N.  34  chains,  from  thence  due  west  by  their  purchase, 
9I>  chains  to  the  north-west  corner  of  the  3(Xl  acres, 
then  due  south  10  chains  to  the  north-west  corner  of 
the  20  acres  purchiuted  of  John  Heddy,  thence  and 
by  the  said  land  west  12  chains  to  the  north-west  cor- 
ner, then  by  the  side  of  the  kill,  south  IK  chains  to 
the  land  of  Wm.  Betts  and  tJeorgc  Tippetls,  from 
thence  by  a  lyne  of  marked  trees  due  west  79  chains, 
to  a  white  oak  tree  standing  on  the  bank  of  Hudson's 
river,  to  the  south  of  Dog-wood  brook  IG  chains  and 
i  and  then  northerly  by  the  Hudson's  river  to  Nep- 
perha,  which  is  near  the  Yonkers  mills,  and  so  con- 
tinue by  Hudson's  river  to  the  first  mentioned  small 
rivulet,  Maceakassin,  the  whole  being  bounded  to  the 
north  with  a  lyne  of  marke<l  trees  and  a  great  rock 
stone,  to  the  east  by  Bronx's  river  ami  llie  land  of 
Francis  French  and  C'o.,  to  the  south  by  the  land  of 
Wm.  Betts,  <  icorge  Tippets  and  Thomas  Heddy,  to 
the  west  by  Hudson's  river,  containing  in  all,  7,708 
ncrrg,  together  with  all  and  singular  the  messuages, 
tenements,  buildings,  barns,  stables,  orchards,  gar- 
dens, pastures,  metidows,  mills,  mill-dams,  runs, 
streams,  ponds,  rivers,  brooks,  woods,  under-woods, 
trees,  timber,  fencing,  fishing,  fowling,  hunting, 
hawking,  liberties,  privileges,  hereditaments  and  im- 
provements whatsoever,  belonging  or  in  any  way  ap- 
pertaining, to  have  and  tti  hold  all  the  aforementioned 
tract  and  parcel  of  land,  with  all  and  singular  the 
aforementioned  premises,  unto  the  said  John  Deieval, 
Frederick  Philips,  Geertje  Lewis,  their  heirs  and 
assigns  forever,  as  by  the  said  deed  or  patent  reg- 
istered in  our  secretary's  office  of  our  province  of  New 
York  aforesaid,  relation  being  thereunto  had,  may 
more  fully  and  at  large  appear ;  and,  whereas  the  said 
Thomas  Deieval,  by  a  certain  deed  of  indenture, 
sealed  with  the  seal,  and  bearing  date  the  27th  day  of 
August,  in  the  year  of  our  Lord,  1685,  did,  for  the 
consideration  therein  mentioned,  grant,  bargain  and 


1606 


HISTORY  OP  WKSTrHKSTRR  COUNTY. 


Hell,  all  that  one  full  third  part  of  all  utid  iiinf(iiliir  ihc 
Haid  tract  of  land,  afore  recited,  described  and  hounded 
within  the  limit*  aforesaid  unto  him  the  miid  Freder- 
ick Philips  one  of  the  parties  aforesaid,  to|?ether  with 
all  that  one  full  and  e(|ual  third  part  of  all  and  xint^u- 
lar,  the  houses,  out-houses,  barnft,  stables,  mills,  mill- 
dams,  buildings,  fences  and  ediflccs  thereon  erected 
and  built,  and  likewise  one  full  third  part  of  all  and 
singular  the  waters,  water- courses,  streams,  woods, 
underwoods,  tishing,  fowling,  hawking,  hunting, 
hereditaments  and  appurtenances  to  the  same  belong- 
ing, or  in  any  way  appertaining  to  have  and  to  hold 
unto  the  said  Frederick  Phili|)se,  his  heirs  and  as- 
signs forever,  as  by  the  said  deed  or  indenture,  relation 
being  thereunto  had,  may  more  fully  and  at  large  ap- 
pear ;  and  whereas,  the  said  Oeertje  Lewis,  executrix 
of  the  last  will  and  testament  of  Thomas  Lewis,  late 
of  New  York,  uiariner,  her  late  husband,  deceased, 
and  Lodivick  Lewis.  Hnrrent  Lewis,  1^'oiiard  I^ewis, 
Katharine  Lewis  and  Thomas  Lewis  the  children 
and  co-heirs  of  said  Thomas  Lewis  and  Cieertje  his 
wife,  by  a  certain  deed  of  indenture,  sealed  with  the 
seal  bearing  date  the  \2  day  of  June,  in  the  year  of 
our  Lord  lt)8(),  did,  for  the  consideration  therein 
mentioned,  grant,  bargain  and  sell,  all  that  the  full 
one-third  part  of  all  and  singular  the  said  tract  of 
land  afore-recited,  described  and  bounded  with  the 
limits  aforesaid,  unto  him,  the  said  Frederick  Phil- 
ips, one  of  the  parties  aforesaid,  together  with  all  that 
one  full  and  equal  third  part  of  all  and  singular  the 
houses,  out-houses,  barns,  stables,  mills,  mill-dams, 
buildings,  fences  and  edifices  thereon  erected  and 
built,  and  likewise  one  full  third  part  of  all  and 
singular  the  water,  water-courses,  streams,  woods, 
underwoods,  fishing,  fowling,  hunting,  hawking, 
hereditaments  and  appurtenances  to  the  same  be- 
longing or  in  any  wise  appertaining,  to  have  and  to 
hold  unto  the  said  Frederick  Philips,  his  heirs  and  as- 
signs forever,  an  by  the  said  deed  or  indenture,  rela- 
tion being  thereunto  had,  may  more  fully  and  at  large 
appear,  and  whereas,  the  Hon.  Sir  Edmund  Andross, 
late  governor  of  our  said  province  of  New  York,  &c., 
by  a  certain  writing  or  patent,  sealed  with  the  seal 
of  our  said  province,  bearing  date  the  first  day 
of  April,  in  the  year  of  our  Lord,  KiSO,  pur- 
suant to  the  authority  in  him  then  residing, 
did  give  and  grant  unto  the  said  Frederick 
Philips,  a  certain  tract  or  parcel  of  land,  beginning 
at  a  creek  or  river  called  by  the  Indians,  Pocanteco 
or  Wackaiideco,  with  power  thereon  to  set  a  mill  or 
mills,  with  a  due  portion  of  land  on  each  side,  adjoin- 
ing unto  the  said  river,  lying  within  the  bounds  of 
the  Indians  land  at  Wickers  creek,  on  the  east  side  of 
the  Hudson  river,  which  said  Indian  land  was  by  the 
said  Frederick  Philips  purchased  fromthesaid  native 
Indian  proprietors  thereof,  by  the  licence  and  appro- 
bation of  the  said  Sir  Edmund  Audross  and  the  said 
Indian  proprietors  did,  in  the  presence  of  Sir  Edmund 
Andross  aforesaid,  acknowledge  to  have  received  a  ftill 


satisfaction  of  him  the  said  Frederick  Philips  for  the 
said  land  adjoining,  to  each  syde  of  the  creek  or  river 
aforesaid,  which  said  land  is  situate,  lying  and  being 
on  each  side  of  the  said  creek  or  river,  north  and 
south  ItiOO  treads  or  steps  which  at  12  ft  to  the  rod, 
makes  40()  rod  and  runs  up  into  the  country  so  far  as 
the  said  creek  or  river  goeth,  with  this  proviso  or  re- 
striction that  if  the  creek  or  river  called  by  the  Indi- 
ans, Nippiorha,  and  by  the  charters  Yonkers  creek  or 
kill  shall  come  within  the  space  of  land  of  4<H)  rods 
on  the  south  side  of  the  aforenamed  creek  or  river, 
that  shall  extend  no  farther  than  the  said  creek  or 
river  of  Nippiorha,  but  the  rest  to  be  so  far  up  int<» 
the  country  on  each  sid«  of  the  said  creek  or  river 
called  Pocanteco  as  it  runs,  being  about  north-east, 
to  have  and  to  hold  all  the  aforesaid  recited  tract  or 
parcel  of  land  unto  him  the  said  Frederick  Philips, 
his  heirs  and  iwsigns  forever,  as  by  the  said  grant 
or  patent  registered  in  our  secretary's  office  «)f  our 
province  of  New  York,  Ac,  aforesaid,  relation  being 
thereunto  had  may  more  fully  and  at  large  appear, 
and  whereas  the  Honorable  thomas  Uongan  late  gov. 
of  our  i)rovince  of  New  York,  Ac,  aforesaid,  by  virtue 
of  the  power  in  him  then  residing  hath,  by  another 
grantor  patent  sealed  with  the  seal  of  our  said  prov- 
ince of  New  York,  and  registered  in  our  secretary's 
office  of  our  province  aforesaid,  bearing  date  23d  of 
September,  in  the  year  of  our  Lord  lfi84,  given, 
granted,  ratified,  and  confirmed,  unto  said  Frederick 
Philips,  his  heirs  and  assigns,  several  tracts  and  par- 
cels of  land  with  the  limits  and  bounds  hereafter  men- 
tioned, that  were  according  to  the  usage,  custom,  and 
laws  of  our  said  province  purchiwed  by  the  said  Fred- 
erick Philips  from  the  native  Indians  and  proprietors, 
in  manner  and  form  following,  (that  is  to  say,)  all 
those  certain  parcels  and  pieces  of  land  lying  about 
the  VVig<|ua8keek  that  was  on  the  25th  day  of  October, 
in  the  year  of  our  Lord,  IfiXO,  purchased  by  the  said 
F'rederiek  Philips  of  the  Indian  Goharius,  brother  of 
Weskora,  sachem  of  Wigquaskeek,  for  himself  and  by 
the  full  order  of  (ioharius,  which  certain  parcel  or 
parcels  of  laud  are  lying  about  Wigquaskeek  to  the 
north  syde  and  tending  from  the  land  of  the  aforesaid 
Frederick  Philips  running  along  the  North  river  to 
the  north  of  the  small  creek  called  by  the  Indians 
Sepackena  creek,  as  far  as  it  goeth  into  the  woods, 
and  coming  to  the  end  of  the  aforesaid  creek,  then 
shall  the  aforesaid  pieces  or  parcels  of  laud  have 
their  line  north-east,  or  if  the  creek  Pocantoco  Wack- 
andeco  upon  which  at  present '  stands  the  mills  of 
the  said  Frederick  Philips,  shall  run  upon  a  north- 
east lyne,  then  the  said  land  shall  run  along  the  said 
creek  Pocanteco,  or  Weghkandeco,  into  the  woods  as 
the  said  creek  or  kill  shall  go,  and  there  shall  be  the 
end  or  utmost  bounds  of  the  said  certain  pieces  of 
land,  as  by  the  said  writing  or  Indian  deed,  relation 
being  thereunto  had  may  more  fully  and  at  large  ap- 


>  12  June,  1683. 


THE  ORIOIN  AND  HISTORY  OF  THE  MANORS. 


160e 


pear,  bm  likewise  another  tract  or  parcel  of  land  on 
the  eaat  side  of  Hudson's  river  that  was  by  said  Krod- 
erick  Philips  purchaned  of  the  Indians  Uoharius,  Co- 
bus,  and  Togijuanduck,  on  the  2:{dday  of  April,  in  the 
year  of  our  Lord,  HlHl,  whi.h  tract  or  parcel  of  land 
being  situate  on  the  east  side  of  the  North  or  Plud- 
son's  river,  beginning  at  the  south  side  of  a  creek 
called  Bissigktick,  and  so  ranging  along  the  said  river 
northerly  to  the  aforesaid  land  of  the  aforenaid  Fred- 
erick Philips,  and  then  alongst  the  f>aid  land  north- 
east and  by  east  until  it  comes  to  and  meets  with  the 
creek  called  Nippiorhn,  if  the  said  creek  shnll  fall 
within  that  lyne,  otherwise  to  extend  no  further  than 
the  head  of  the  creek  or  kill  called  Potanteeo,  or 
Puegkanteko,  and  southerly  alongst  the  said  river 
Neppiorha  if  the  same  shall  full  within  the  suiil  line 
as  aforesaid,  or  else  in  u  direct  lyne  from  the  head  of 
the  said  creek  or  kill  called  Pocanteco  Puegkandieo. 
untill  it  conies  opposite  to  the  said  first  mentioned 
creek  called  Bissightick,  and  from  thence  Wfstwardly 
to  the  head  of  the  said  creek  and  alongst  the  same  to  the 
North  or  Hudson's  river,  being  the  first  station,  as  by 
the  said  writing  or  deed,  relation  being  thereunto  had, 
may  more  fully  and  at  largi'  appear,  as  also  another 
certain  tract  or  parcel  of  land  on  the  east  syde  of  the 
said  Hudson's  river  that  was  by  the  said  Frederick 
Philips  purchased  of  the  native  Indians  Armaghi|ueor, 
tieapham  alias  Thaphani,  on  the  8th  day  of  April,  in 
the  year  of  our  Lord  1()82,  which  certain  tract  or  par- 
cel of  land  is  situate,  lying,  and  being  on  the  ea>t 
side  of  the  North  or  Hudson's  river  to  the  south  of 
the  lond  formerly  bought  by  the  said  Frederick  Phil- 
ips, of  the  said  Indians,  beginning  at  the  south  side 
of  a  creek  called  liissightick,  and  so  ranging  along 
the  said  river  southerly  to  a  creek  or  fall  called  by  the 
Indians  Weghquegsik,  and  by  the  Christians  Law- 
rences's  plantation,  and  from  the  mouth  of  the  said 
creek  or  fall  upon  a  due  east  course  to  a  creek  culled 
by  the  Indians  Nippiorha,  and  by  the  Christians  the 
Youkers  kill,  and  from  thence  ulongs  -  <vest  side 
of  the  said  creek  or  kill  us  the  same  rui.  'le  before 

mentioned  land,  formerly  bought  by  tl..  .d  Fred- 
erick Philips  of  the  sayd  Indians,  and  so  uiong  that 
land  to  the  first  station,  as  by  the  said  writing  or  In- 
dian deed,  relation  being  thereunto  had,  may  more 
fully  and  at  large  appear,  as  also  another  tract  or  par- 
cel of  land  on  the  east  side  of  Hudson's  river  that  was 
by  the  said  Frederick  Philips  purchased  of  the  na- 
tive Indians  Warramanhack,  Esparamogh,  Anhock. 
&c.,  on  the  (!th  day  of  September,  in  the  year  of  our 
Lord,  1682,  which  certain  tract  or  parcel  of  land  is 
situated,  lying,  and  being  on  the  west  side  of  the  North 
or  Hudson's  river,  beginning  at  the  north  side  of  the 
land  belonging  to  the  Yonkers  kill,  Nipperha,  at  a 
great  rock  called  by  the  Indians  Meghkeckassin,  or  the 
great  stone,  (as  called  by  the  Christians,)  from  thence 
ranging  into  the  woods  eastwardly  to  a  creek  called  by 
the  Indians  Nipperha  aforesaid,  and  from  thence 
along  said  creek  northerly  till  you  come  to  the  eastward 


of  the  head  of  a  creek  called  by  the  Indians  Wegquia- 
keek,  being  the  utmost  bounds  of  the  said  Frederick 
Pliili|M's  land,  formerly  bought  of  the  ludians,  aud 
from  thence  westwardly  along  the  said  creek  Weg- 
(|ueskeek  to  Hudson's  river  aforesaid,  us  by  the  said 
Indian  deed,  relation  being  thereunto  had,  may  more 
fully  and  at  large  appear,  and  also  another  tract  or 
parcel  of  land  that  was  by  the  said  Frederick  Philips 
purchased  of  the  native  Indians  Sapham,  Ohohariua, 
Kakingsigo,  on  the  7th  day  of  May  in  the  year  of 
our  Lord,  1()84,  which  tract  or  parcel  of  land  is  situate, 
lying,  and  being  to  the  eastward  of  the  land  of  the 
said  Frederick  Philips  between  the  creek  called 
Nippiorha  or  the  Yonkers  kill,  and  Brook's  river, 
beginning  on  the  south  side  ut  the  northerly  bounds 
of  the  Yonkers  land,  and  from  thence  along  the  afore- 
said creek,  Nippiorhu,  however  it  runs,  till  you  come 
to  the  mo<it  northerly  bounds  oi'  the  said  Frederick 
I'hilips's  lands,  and  from  thence  north-east  into  the 
woods  unto  Bronk's  river,  as  it  runs  southerly  to  the 
eastward  of  the  Yonkers  land  aforesaid,  and  from 
thence  with  a  westerly  lyne  to  the  aforenamed 
Yonkers  kill,  or  Nippiorha,  as  by  the  said  Indian 
deed,  relation  being  thereunto  had,  may  more  fully 
and  at  large  appear,  all  which  several  tracts  and 
parcels  of  land  within  the  several  respective  limits 
uiid  bounds  aforenientijned,  and  purebred  by  the 
said  Frederick  Philips  of  all  and  every  the  respective 
native  Indians  aforesaid,  in  manner  aforesaid,  were 
by  the  suid  Thomas  Dongun,  late  gov.  of  our  province 
under  the  seal  of  our  said  province,  bearing  date  as 
aforesaid,  given,  granted,  ratified  and  confirmed 
unto  him,  said  Frederick  Philips,  his  heirs  and  as- 
signs, together  with  all  and  singular  the  houses, 
buildings,  messuages,  tenements,  and  hereditaments, 
mills,  mill-dnms,  rivers,  runns,  streams,  ponds,  with 
liberty  to  erect  other  mills  or  dams,  or  places  conve- 
nient, woods,  untlerwoods,  quarriej,  fishing,  hawking, 
hunting  and  fowling,  with  all  liberties,  priviledges, 
and  improvements  whatsoever  to  the  said  land  and 
premises  belonging  or  in  anywise  appertaining,  to 
have  and  to  hold  all  the  aforesaid  tract  and  tracts, 
parcel  and  parcels  of  land  and  premises  with  their 
and  every  of  their  appurtenances  unto  said  Frederick 
Philips,  his  heirs  and  assignees  forever,  as  by  the  said 
grant  or  patent  sealed  with  the  seal  of  our  said 
province,  and  registered  in  our  secretary's  office 
of  our  said  province  bearing  date  23d  day  of  De- 
cember in  the  year  of  our  Lord  1684,  relation 
being  thereunto  had,  may  more  fully  and  at  large 
sippear,  and  whereas  the  aforesaid  Thomas  Don- 
gun,  late  Gov.  of  our  said  province,  by  virtue  of 
the  said  power  and  authority  in  him  residing  hath 
moreover  by  another  grant  or  patent  sealed  with 
the  seal  of  our  said  province  and  registered  in 
our  secretary's  oflSce  aforesaid  bearing  date  the 
11th  day  of  November,  in  the  year  of  our  Lord 
1686,  given,  granted,  ratified,  and  confirmed  un- 
to   Philip    Philips,    eldest    son    of  him    the    said 


160d 


HISTORY  OF  WESTCHESTER  COUNTY. 


moiety  or  equal  half  part  of  the  uaid  uieadows 
and  premiHCS  with  the  apijcrtineiu'es  unto  Uie  said 
Frederick  Fhilipti,  his  heirs  and  assigns  forever,  as 
hy  the  said  grant  or  patent,  sealed  with  the  seal  of  our 
said  province  and  registered  in  our  secretary's  office 
aforesaid,  bearing  date  the  said  27th  day  of  June,  in 
the  year  of  our  Lord,  1(187,  and  as  hy  the  said  deed 
of  conveyance,  under  the  hands  and  seals  of  the  said 
George  Lockhart  and  Janet  his  wife,  hearing  date 
20th  day  of  Fehruary,  in  the  year  of  our  Lord,  l(j«5, 
relation  being  thereunto  had  re8])eclively  may  more 
fully  and  at  large  appear;  and  whereas  Augustine 
Grayham  our  surveyor  general  for  our  said  prov- 
ince of  New  York,  &c.,  hath  by  warrant  bearing  date 
the  11th  of  February,  in  the  fourth  year  of  our  reign, 
surveyed  and  laid  out  for  the  said  Frederick  Philips, 
a  certain  small  |)arcel  of  salt  meadows  situate  and 
being  on  the  north  side  of  Taiqian  creek  in  the  county 
of  Orange,  beginning  at  a  certain  stake  on  the  east 
side  of  the  said  creek,  and  from  thence  run  east  37° 
40  mill,  northerly  to  Hudson's  river  six  chains  and 
ninety  links,  thence  along  the  said  river  twelve  chains 
and  ninety  links  south  one  ilegrec, westerly  to  the  mouth 
of  the  aforesaid  creek,  and  from  thence  along  the  said 
creek  west  five  degrees  thirty-live  minutes,  northerly 
eleven  chains, thence  north  twelve  degrees,  eastwardly 
twc  chains  and  lorty  links,  thence  east  forty  degrees, 
southerly  three  chains  forty-five  links  along  the  said 
creek,  thence  east  eleven  degrees  thirty  minutes, 
soutlierly  two  chains  twenty  links,  thence  north  six 
degrees  twenty-live  minutes,  seven  chains  and  seventy 
links,  to  the  stake  where  the  line  first  began,  being 
bounded  on  the  north-west  by  a  certain  parcel  of 
Frederick  Philips  all  that  tract  or  parcel  of  land 
commonly  called  by  the  Indians  Sinck  Sinck,  and 
situate,  lying,  an<l  being  on  the  east  side  of  Hudson's 
river  by  the  northermost  i)art  of  the  land  purchased 
by  the  said  Frederick  Philips,  and  so  running  alongst 
Hudson's  river  to  a  certain  creek  or  river  called 
Kichtawan,  and  from  thence  running  alongsi  the  said 
creek  two  English  miles,  and  from  thence  running  up 
the  country  upon  a  due  east  lyne  untill  it  comes  unto 
a  creek  called  Nippiorha,  by  the  Christians  Yonkers 
creek,  and  so  running  alongst  the  said  creek  un- 
till it  comes  unto  the  northerly  bounds  of  the 
said  land  of  [''rederick  Philips  aforesaid,  and  from 
thence  alongst  the  said  land  untill  it  comes  to 
Hudsons  river,  together  with  all  manner  of  rivers, 
rivulets,  runns,  streams,  feedings,  pastures,  woods, 
underwoods,  trees,  timbers,  waters,  water  coui-ses, 
ponds,  pools,  pits,  swamps,  moors,  marshes,  mea- 
dows, easements,  proflits  and  commodities,  fish- 
ing, fowling,  hunting,  hawking,  mines,  minerals, 
quarries,    (royal     mines     only     excepted)    and    all 


royalties,  profits,  commodities,  hereditaments  and 
appurtenances  whatsover  to  tlie  said  tract  or  parcel 
of  land  within  the  hounds  and  limits  aforesaid,  be- 
longing or  in  any  way  ajipertaining,  to  have  and  to 
hold  the  said  tract  or  parcel  of  land  and  all  and 
singular  other  the  premises  with  their  and  every  of 
their  appurtenances,  unto  the  said  Philip  Philips,  his 
heirs  and  a.ssigns  forever,  as  by  the  said  grant  or 
patent,  relation  being  thereunto  had,  may  more  fully 
and  at  large  appear,  and  whereas  the  said  Philip 
Philips  did  by  mean  assurance  in  the  law,  sell, 
alienate,  enfeott',  and  confirm  unto  his  sail,  father 
Frederick  Philips  all  the  afore-recited  tract  or  parcel 
of  land  within  the  limits  and  bounds  above  mentioned 
and  expressed,  together  with  all  and  singular  the 
premises  with  their  and  every  of  their  ap])crtinence8, 
to  have  and  to  hold  unto  him  the  said  Frederick 
Philips,  his  heirs  and  assigns  forever,  as  by  his  deed 
of  conveyance  under  his  hand   and  seal  bearing  date 

the day  of in  the  year  of  our  Lord  ItJS-, 

relation  being  thereunto  had  more  fully  and  at  large 
appear;  and  whereas  the  aforesaid  Thomas  Uongan, 
late  ( rov.  of  our  said  province,  by  virtue  of  the  said 
power  and  authority  in  him  residing  hath,  by  another 
grant  or  patent  sealed  with  the  seal  of  our  said  pro- 
vince and  registered  in  our  secretary's  office  aforesaid, 
bearing  date  the  27th  day  of  June,  in  the  year  of  our 
Lord,  1G87,  given,  granted,  ratified,  released  and  con- 
firmed unto  the  said  Frederick  Philips  all  that  the 
moiety  or  one  equal  half  part  of  a  certain  entire 
parcel  of  meadow  ground,  situate,  lying,  and  being  at 
a  certain  place  called  Tappan  near  Hudson's  river, 
bounded  to  the  north  by  a  certain  creek  called  or 
known  by  the  name  of  Tappan  creek,  to  the  east  by 
Hudson's  river  aforesaid,  to  the  west  by  a  certain 
parcel  of  upland  now  in  possession  of  George  Lock- 
hart,  and  to  the  south  by  Hudson's  river  aforesaid, 
the  said  moiety  or  equal  half  part  of  the  said  mea- 
dows to  be  laid  out  along  the  side  of  Hudson's  river 
aforesaid  throughout  the  whole  length  of  its  bounds 
upon  said  river  from  Tappan  creek  aforesaid,  and  to 
be  bounded  to  the  north  by  Tappan  creek,  to  the 
east  by  Hudson's  river,  to  the  west  by  the  other 
moiety  or  half  part  of  the  said  meadows,  still  running 
to  the  said  (ieorge  Lockhart's,  and  so  to  run  southerly 
to  the  end  of  the  said  meadows,  nothing  excepted  or 
reserved  thereof,  to  the  said  (ieorge  Lockhart,  his 
heirs  or  assigns,  but  one  cart  or  waine  way  ihrough 
the  said  moiety  or  half  part  of  the  meadow 
aforesaid,  which  moiety  or  e<|ual  half  part  of 
the  meadow  aforesaid  was  by  mean  assurance  in 
the  law  conveyed  to  the  said  (ieorge  Lockhart 
and  .Janet  his  wife  unto  the  said  Frederick  Philips, 
his    heirs  and    assigns,    to  have   and    to   hold   the 


THE  ORIGIN  AND  HISTORY  OF  THE  MANORS. 


160e 


meadow  said  to  belong  to  Cornelius  Claater,  on  the 
east  by  Hudson's  rivtT,  on  the  south  and  west  by  the 
said  creek,  containing  in  all  «ix  acres  three  roods  and 
eight  perches,  as  by  the  return  of  the  survey,  bearing 
date  the  19th  day  of  .\,)ril,  in  the  said  fourth  year  of 
ou,"  reign,  and  in  the  year  of  our  Lord,  1692,  relation 
being  thereunto  had  may  more  fully  and  at  large  ap- 
pear, all  which  several  tracts  or  parcels  of  land  lying 
together,  and  bounded  and  limited  in  manner  hereaf- 
ter expressed  and  mentioned,  (that  is  to  say)  all  the 
said  v.racts  ov  parcels  of  land  that  are  on  the  east  side 
of  Hudson's  river  are  bounded  to  the  northward  by  a 
creek  or  river  commonly  called  by  the  Indians  Kigh- 
towanc  and  by  the  English  Knotriis  river,  and  now 
belonging  to  Stevanus  van  Cortlandt,  Esc].,  and  so 
eastward  into  the  woods  along  the  said  creek  or  river 
two  English  miles,  and  from  thence  upon  a  direct 
east  line  to  Bronxes  river,  and  so  running  southward 
along  the  said  Bronxes  river  as  it  runs  until  a  direct 
west  liiu^  cutteth  the  south  side  of  a  neck  or  island  of 
land  at  a  creek  or  kill  called  Papparinemo  which  di- 
vides Yo.'k  island  from  the  main,  and  so  along  the 
said  creek  or  kill  as  it  runs  to  Hudson's  river,  which 
part  of  the  said  creek  is  called  by  the  Indians  Sho- 
rackhappok,  and  continues  dividing  the  said^lork 
island  from  the  main,  and  so  from  thence  to  the  north- 
ward alonijst  Hudson's  river  untill  it  conies  into  the 
aforesaid  creek  or  river  called  by  the  Indians  Kighta- 
wank  and  by  the  English  Knotrus  river  and  the  salt 
meadow  grounds  on  the  west  side  of  Hudson's  river, 
are  bounded  and  limited  as  here  before  is  plainly 
mentioned  and  expressed.  And  whereas  our  loving 
subject  the  said  Frederick  Philips,  one  of  the  mem- 
bers of  our  council  of  our  said  province  of  New  York, 
and  the  territories  depending  thereon  in  America, 
hath  by  his  petition  presented  to  Benjamin  Fletcher, 
our  captain-general  and  governor-in-chief  of  our  said 
province  of  New  York,  &c.,  prayed  our  grant  and 
confirmation  of  all  and  every  the  tracts  and  parcels 
of  land  within  the  limits  and  bounds  aforesaid,  and 
that  we  would  likewise  erect  all  the  said  tracts  and 
parcels  of  land  within  the  limits  aforesaid  into  a  lord- 
ship or  manor  of  Philipsborough,  and  that  we  would 
further  grant  unto  our  said  loving  subject  a  certain 
neck  or  island  of  land  called  Paparinemo  adjoining 
to  the  land  aforesaid,  with  the  salt  meadows  thereunto 
belonging,  together  with  power  and  authority  to  erect 
a  bridge  over  the  water  or  river  commonly  called 
Spiten  devil  ferry  or  Paparinemo,  and  so  receive  toll 
from  all  passengers  and  droves  of  cattle  that  shall 
pass  thereon  according  to  rates  hereinafter  mentioned  ; 
and  whereas  it  is  manifest  that  our  said  loving  subject 
hath  been  at  great  charge  and  expense  in  the  pur- 
chasing and  settling  of  the  atbrerecited  tracts  of  laud 


whereupon  considerable  improvements  have  been 
made,  and  that  he  is  likewise  willing  at  his  own  proper 
cost  and  charge  to  build  a  bridge  at  the  ferry  afore- 
said for  the  benefit  and  accommodation  of  traveller?, 
which  reasonable  request  for  his  future  encourage- 
ment we  being  willing  to  grant.  Know  ye,  that  of  our 
special  grace,  certain  knowledge,  and  mere  motion, 
we  have  given,  granted,  ratified,  and  confirmed,  and  by 
these  presents  do,  for  us, our  heirs  and  successors,  give, 
grant,  ratify  and  confirm  unto  said  Frederick  Phil- 
ips, his  heirs  and  assigns,  all  and  every  the  afore- 
cited tracts  and  parcels  of  land  and  meadow  ground 
within  the  limits  and  bounds  before  mentioned  and 
expressed,  and  likewise  the  aforesaid  neck  or  island 
of  land  called  Paparinemo,  and  the  meadow  there- 
unto belonging,  with  power,  authority,  and  privilege 
to  erect  and  build  a  dam  bridge  upon  the  aforesaid 
ferry  at  Spitendevil  or  Paparinemo,  and  to  receive 
rates  and  tolls  of  all  piissengers  and  for  droves  of  cat- 
tle according  to  the  rates  hereafter  mentioned,  (that 
is  to  say,)  three  pence  current  money  of  New  York 
for  each  man  and  horse  that  shall  pass  the  said  bridge 
in  the  day  time,  and  three  pence  current  money  afore- 
said for  each  head  of  neat  cattle  that  shall  paas  the 
same,  and  twelve  pence  current  money'aforesaid  for 
each  score  of  hogs,  calves,  and  sheep  that  shall  pass 
the  same,  and  nine  pence  current  money  aforesaid  for 
every  boat,  vessel,  or  canoe  that  shall  pass  the  said 
bridge  and  cause  the  same  to  be  drawn  up,  and  for 
each  coach,  cart,  or  sledge,  or  waggon  that  shall  pass 
the  same  the  sum  of  ninepence  current  money  afore- 
said ;  and  after  sunset  each  passenger  that  shall  pass 
said  bridge  shall  pay  two  pence  current  money  afore- 
said, each  man  and  horse  six  pence,  each  head  of  neat 
cattle  six  pence,  each  score  of  hogs,  calves,  and  sheep 
two  shillings,  tor  each  boat  or  vessel  or  canoe  one  shil- 
ling and  six  pence  for  each  coach,  cart,  waggon  or  sledge 
one  shilling  and  »ix  pence  current  money  aforesaid, 
together  with  all  the  messuages,  tenements,  buildings, 
barns,  houses,  out-hou8e8,mills,  mill-dams,  fences,  or- 
chards, gardens,  pastures,  meadows,  marshes,  swamps, 
moors,  pools,  woods,  under-woods,  trees,  timber,  quar- 
ries, rivers,  runs,  rivulets,  brooks,  ponds,  lakes,  streams, 
creeks,  harbours,  beaches,  fcrrys,  fishing,  fowling, 
hunting,  hawking,  mines,  minerals,  (silver  and  gold 
only  excepted,)  and  all  the  other  rights,  members, 
liberties,  privileges,  jurisdictions,  royalties,  heredita- 
ments, profflts,  tolls,  benefits,  advantages  and  appur- 
ti  nances  whatsoever  to  the  aforesaid  tracts  and  neck 
or  island  of  land  and  meadows,  ferry,  bridge,  and 
mills  belonging  or  in  any  ways  appertaining,  or  ac- 
cepted, reputed,  taken,  known,  or  occupied  as  part, 
parcel,  or  member  thereof;  and  moreover,  inow  ye, 
that  of  our  further  special  grace,  certain   knowledge. 


16(»/ 


HISTORY  OF  WESTCHESTER  COUNTY. 


and  mere  motion,  we  have  thought  tit,  according  Ut 
the  request  of  our  said  loving  subject,  to  erect  ail  the 
aforesaid  recite  tractad  and  parcels  of  lands  and 
meadows  with  the  limits  and  bounds  aforesaid,  into  a 
lordship  or  manor,  and,  therefore,  by  these  presents 
we  do  erect,  make,  and  constitute  all  the  aforesaid 
recited  tracts  and  parcels  of  land  and  meadows, 
within  the  limits  and  bounds  aforesaid  mentionud, 
together  with  all  and  every  the  afore  granted  prem- 
ises with  all  and  every  of  the  ajjperti nances  into  a 
lordship  or  manor,  to  all  intents  and  purpiist's;  an<l 
it  is  our  royal  will  and  pleasure  that  the  said  lordship 
and  manor  shall  from  henceforth  be  called  the  lord- 
ship or  manor  of  Philipsborough,  and  the  aforewaiil 
bridge  to  be  from  henceforth  called  Kingsbridge  in 
the  manor  of  Philipsborough  aforesaid.  And  know 
ye,  that  we,  reposing  special  trust  and  confidence  in 
the  loyalty,  wisdom,  justice,  prudence  arid  circum- 
spection of  our  loving  subject,  do,  for  us,  our  heirs 
and  successors,  give  and  grant  unto  the  said  Freder- 
ick Philips,  and  to  the  heirs  and  assignees  of  bini  the 
said  Frederick  Philips,  full  power  and  authority  at 
all  times  forever  hereafter  in  the  said  lordship  or 
manor,  one  court  leet  and  one  court  baron  to  hold 
and  to  keep  at  such  times,  and  so  often,  yearly  and 
every  year,  us  he  or  they  shall  see  meet;  and  all 
fines,  issues,  and  amercements  as  the  said  Court  Leet 
or  Court  Baron  to  be  holdeu  within  said  lordship  or 
manor  to  be  sett,  forfeited,  or  employed,  or  payable, 
or  happening  at  any  time  to  be  payable  by  any  of  the 
inhabitants  of  or  within  the  said  lordship  or  manor 
of  Philipsborough,  in  the  limits  and  bounds  thereof, 
aa  also  all  and  every  of  the  power  and  authority  herein 
before  mentioned,  for  the  holding  and  keeping  the 
said  Leet  and  Court  Baron  from  time  to  time,  and  to 
award  and  issue  out  the  customary  writs  to  be  issued 
and  awarded  out  of  the  said  Court  Leet  and  Court 
Baron  to  be  kept  by  the  heirs  and  assignees  of  the 
said  Frederick  Philips  forever,  in  their  or  every  of 
their  stewards  deputed  and  appointed,  with  full  and 
ample  power  and  authority  to  distrain  for  the  rents, 
levies,  or  other  sums  of  money  payable  by  virtue  of 
the  premises,  and  all  other  lawful  remedies  and  means 
for  the  having  possession,  receiving,  levying,  and  en- 
joying the  premises  and  every  part  and  parcel  of  the 
same,  and  all  waifes,  cstrays,  wrecks,  deodans,  and  of 
thefellons  happening  and  being  furnished  within  the 
said  lordship  and  manor  of  Philipsborough,  and  all 
and  every  sum  and  sums  of  money  to  be  paid  as  a 
parte  fine  upon  any  fine  or  fines  to  be  levied  of  any 
lands,  tenements  or  hereditaments  with 
in  the  said  lordship  or  manor 
ipaburgh,  together  with  the 
and  right  of  patronage  of  all  and  every 


theciiurch  or  churches  erected  orto  be  erected  or  estab- 
lished or  hereafter  to  be  erected  or  established  within 
the  said  manor   of  Philipsborough;  and  we  do  also 
further  give  and  grant  unto  the  said  P>ederick  Philips, 
I  his  heirs   and  assignees,  that   all  and  singular  the 
j  tenants  of  the  said  Frederick  Philips,  within  the  said 
,  manor  shall  and  may  at  all  times  hereafter  meet  to- 
\  gether  and  choose  assessors  within  the  manor  afore- 
I  said,  according  to  such  rules,  ways  and  methods  as 
are   prescribed   for   the   cities,    towns  and   counties 
within  our  province  aforesaid  by  the  acts  of  General 
,  Assembly,  for  the  defraying  the  publick  charge  of 
I  each  respective  city,  town,  and  county  aforesaid,  and 
sncli  sums  of  money  so  assessed  or  levied   to  collect 
and  dispose  of  for  such  uses  as  the  acts  of  General 
Assembly  shall  establish  and  appoint,  to  have  and  to 
hold,  possess,  collect  and  enjoy  all  and  singular  the 
I  said  lordship  or  manor  of  Philipsborough,  together 
I  with  the  aforesaid  halls  and  ])remises,  with  all  their 
and  every  of  their  appertinances,  unto  the  said  Fred- 
'  erick   Philips,  his  heirs   and  assignees,  to  the  only 
'  proper  use,  benefit,  and  behoof  of  him,  the  said  Fred- 
■  erick  Philips,  his  heirs  and  assignees  forever,  reserv- 
ing unto  us,  our  heirs  and  successors,  free  egress  and 
ingress  of  all  our  and  their  forces,  horse  or  foot,  of 
our  and  their  coaches,  waggons,  stores  of  war,  ammu- 
nition, and  exjiresses,  that  shall   from  time  to  time 
pass  the  said  bridge  for  our  or  their  service,  or  any 
thing  contained  to  the  contrary  herein  in  any  ways 
notwithstanding,  to  be  holden  of  us,  our  heirs  and 
i  successors,  in  free  and  common  soccage  according  to 
1  the  tenure  of  our  manor  of  Fast  Greenwich  within 
'  our  county  of  Kent  in  our  realm  of  England,  yeald- 
\  ing,  rendering,  and  paying  therefor,  yearly  and  every 
year,  on  the  feast  day  of  the  Annunciation  of  the 
Blessed  Virgin  Mary,  at  our  fort  at  New  York  unto 
us,  our  heirs  and  successors,  the  annual  rent  of  £4 
12».  current  money  of  our  said  province  in  lieu  and 
stead  of  all  former  rents,  services,  dues,  dutiet;,  and 
demands  for  the  said  lordship  or  manor  of  Philips- 
borough  and  premises.     In   testimony  whereof  we 
have  caused  the  seal  of  our  province  of  New  York  to 
be  hereunto  affixed.     Witness  Benjamin  Fletcher  our 
captain-general  and  governor-in-chief  of  our  province 
of  New  York  aforesaid,  province  of  Pennsylvania  and 
county  of  New  Castle,  and  the  territory  and  tracts  of 
land  depending  thereon  in  America,  at  Fort  William 
Henry,  the  12th  day  of  June,  in  the  fifth  year  of  our 
reign,  and  in  the  year  of  our  Lord,  1693.' 

I  Lib.  vil.  Sci-.  of  Stnte'ii  nn>,  .\lbany. 


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